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DE: New law for fair consumer contracts
Civil LawThe Fair Consumer Contracts Act aims to make it easier for consumers to opt out of contracts that are typically longer term, such as smartphones, streaming services, fitness studios or electricity and gas supply. Above all, new regulations were creat...
OGH: Data processing in a teacher evaluation app is permissible after all
Öffentliches RechtIn this case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of prohibiting the processing of personal data in the course of evaluations of a teacher. The plaintiff is a teacher at an HTL (a Higher Technical Education In...
OGH on the obligation to inform about cancellation fees (§ 27a KSchG)
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that a contractor pursuant to Section 27a of the Consumer Protection Act (Konsumentenschutzgesetz, KSchG) must also inform the consumer about any potential savings resulting from not carryi...
OGH: Right to refuse performance in case of defects in common areas
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of the extent to which a right to refuse the performance by two co-owners of a property affects common areas. The defendants acquired condominium owne...
Information on the EAG amendment 2022
Public LawAn amendment to the Renewable Energy Expansion Act (Erneuerbare-Ausbau-Gesetz, EAG) recently came into force. According to the committee report, the changes are mainly due to requirements resulting from the European Commission's notification procedur...
DE: International jurisdiction in the case of a flight booking
Civil LawIn the case of an outbound and return flight agreed as a single service, the place of departure is the relevant destination for the place of jurisdiction. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), the agreement of a sing...
OGH: Criticism of Corona measures alone does not constitute a worldview
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a dismissal is in principle permissible if the employee is dismissed because of her critical attitude towards the COVID-19 measures and her refusal to wear a mask. In the case at h...
OGH: Pro forma declarations do not establish entrepreneurial status
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the international and local jurisdiction of a case pending in Switzerland between an alleged consumer and an entrepreneur. The defendant operates a business system...
OGH: No expropriation in case of designation as flood hazard zone
Public LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, OGH), the mere designation of a property as a hazard zone for a 100-year flood and as a “red-yellow functional area” in the water law hazard zone plan does not constitute an encroachment ...
OGH on the misleading nature of a company name
Corporate LawIf companies are located in the same place or the same municipality, the distinctiveness as a question of the concrete capacity to mislead is not to be examined according to Section 18 para 2 of the Austrian Commercial Code (Unternehmensgesetzbuch, U...
DE: On the disadvantage to creditors in the case of double collateralisation
Civil LawIf a third party's claim is secured by a shareholder, the shareholder must give priority to satisfying the third party in the event of insolvency. Otherwise, the shareholder disadvantages the creditors if he is released from his guarantee due to the ...
OGH: Reference to court decision does not harm revocation
Civil LawA revocation of an untrue, reputation-damaging factual allegation under Section 1330 para 2 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) must be declared by the infringer himself. However, the voluntary nature of the...
OGH: Compensation for total loss in the lack of intention to replace vehicle
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether the owner of a motor vehicle that has been totalled in a traffic accident can claim compensation from the liable party in the amount of the...
OGH: Claim for debt interest in case of pandemic deferral unlawful
Civil LawWith the COVID-19 Judicial Accompanying Act (COVID-19-Justiz-Begleitgesetz, COVID-19-JuBG), the legislator has created a deferral regulation for consumer loans in order to prevent borrowers from becoming over-indebted in the form of a double burden d...
OGH on the "order at best" in online trading
Civil LawIn the case of online trading, the bank is not obliged to consult the customer if the order is clear, unless the customer indicates that he only wants the order to be executed if there are sufficient funds. The plaintiffs used the defendant's online ...
DE: Insurance recourse - damage caused by third parties
Civil LawAn employer is only liable to the accident insurance company in the event of an accident at work of his employee if he or one of his organs can be accused of having caused the accident intentionally or through gross negligence. According to the Germa...
DE: Dissolution of a GbR: When does company debt become statute-barred?
Civil LawThe claim for repayment of an unused advance on any lawyer's fees comes into existence subject to the condition precedent of receipt of the advance payment. In the event of the dissolution of the partnership under civil law (Gesellschaft bürgerlichen...
Sbg: Secondary residence and vacancy tax under review
Public LawThe provincial government of Salzburg has sent its draft of the so-called "Secondary Residence and Vacancy Tax Act" („Zweitwohnsitz- und Wohnungsleerstandsabgabengesetz“, ZWAG) for review. The ZWAG authorises the municipalities to levy a municipal ta...
OGH: Unrestricted freedom of use by co-owners in case of common areas
Civil LawFor unrestricted freedom of use (“Freiheitsersitzung”) according to Section 1488 of the Austrian General Civil Code (Allgemein Bürgerliches Gesetzbuch, ABGB), an obstacle has to be erected by the oppressing party, which makes the use of property perc...
OGH: Consumers can sue for damages under the UWG
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) sticks to its point of view: Consumers have the right to sue for damages resulting from unfair business practices of an entrepreneur. It thus confirmed its legal view, which it took for the first...
ECJ: Liability in case of fall on an air passenger staircase
European LawThe Advocate General at the European Court of Justice (ECJ) has explained what is meant by an "accident" according to Art 17 para 1 of the Montreal Convention (MC). The plaintiff was a passenger on a flight from Thessaloniki (Greece) to Vienna operat...
DE: Reduction of commercial lease payments in the lockdown
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) granted tenants of commercially used premises a right for lease adjustment as a result of a lockdown. However, all individual circumstances, such as state aid as well as loss of turnover or in...
OGH: On the validity of a European Certificate of Succession
Civil LawA certified copy of a European Certificate of Succession within the meaning of Regulation (EU) 650/2012 (Erbrechtsverordnung, EuErbVO) is valid for a period of six months from the date of issue, unless another time limit is specified. If the certifie...
OGH: Defamation in the context of a review on an online platform
Civil LawThe inaccuracy of a factual claim can also result from an incompleteness of the facts disclosed. The person concerned could thereby appear in a completely different light, or a false impression could be created. The plaintiff represented the defendan...
OGH: Compensation in case of exclusion from a private school
Civil LawIn the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) dealt with claims for damages of the plaintiff due to the termination of school enrolment by the defendant for a reason agreed in the school enrolment contract under private law pursu...
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