Usancen Blog
BVwG has legal provision in HGG examined by the VfGH
Public LawThe Federal Administrative Court (Bundesverwaltungsgericht, BVwG) considers Section 31 para 2 no 2 of the Army Fees Act (Heeresgebührengesetz, HGG 2001), which regulates eligibility for housing subsidies, to violate the principle of equality. The BVw...
GER: Sale and Rent Back Schemes: Prohibited or Usury?
Civil LawDoes a business model pursued by a licensed pawnbroker who purchases motor vehicles commercially and then rents them out to the sellers with the option of them buying their vehicle back at a public auction at the end of the contractually agreed renta...
OGH: Position of a beneficiary of a private foundation in bankruptcy
Civil LawIf the possibility of giving up the position as a beneficiary has economic value because there is an interested party willing to pay remuneration, this is an asset which falls into the insolvency estate. Bankruptcy proceedings were opened against the...
OGH: If entry is prohibited, no rent has to be paid
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled for the first time that the rent exemption under Section 1104 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) is also applicable if business premises were sub...
ECJ Advocate General: Compensation for flight delays in the USA
European LawThe Advocate General at the European Court of Justice (ECJ) has issued clarifications regarding passengers' rights to compensation in the event of flight delays whose cause lies outside the EU. In the original dispute, three passengers had booked a f...
DE: Contents of the grounds for appeal? - Can it also be improved?
Civil LawA statement of the grounds for appeal must - in order to meet the substantive requirements - refute all the arguments mentioned regarding the rejection of the claim in the dismissed judgment. Overlooking just one argument leads to inadmissibility of ...
Update: ECJ confirms "decreasing" antitrust liability
European LawThe European Court of Justice (ECJ) had to decide whether, on the basis of the doctrine of economic unit under antitrust law, a subsidiary can also be held liable for antitrust violations of its parent company, in addition to the previous "extending"...
OGH: Obligation to contract for sales with "added value”
Civil LawEven if a company dominates the market, it may in principle refuse to enter into a business relationship for objectively justified reasons. It may also choose the distribution channels, but may not prevent the creation of a new product. In the presen...
OGH: Landlord's obligation to disclose rent surcharges
Civil LawIn the present case, the Supreme Court (Oberster Gerichtshof, OGH) had to deal with terminology in connection with rent surcharges and discounts. Above all, more general terms have been given a more concrete form. The applicant has been renting an ap...
OGH: Competing claims in animal owner liability
Civil LawThe winter season brings slippery dangers. Thus, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the case of a fall of a pensioner caused by her son's police dog and the associated applicability of several liability provisions with regard to...
Negative interest ILLEGAL: Courts stand behind consumers
Civil LawThe next blow for German banks - after the illegal fee increase, negative interest rates must now be paid back to individual customers. The Berlin Regional Court ruled for the first time that negative interest charged on checking (giro) and savings a...
ECJ: Labelling of the nutritional values of a chocolate muesli
Public Law EuroparechtThe European Court of Justice (ECJ) has assessed whether it is permissible to specify nutritional values per portion for foods that can be prepared in different ways. The German Federation of Consumer Centres and Consumer Associations (Bundesverban...
VwGH: Tax liability and the foreseeability of duties to cooperate
Public LawIt must be foreseeable for taxpayers whether and in what manner and to what extent they may be subject to a duty to cooperate in the procurement of supporting documents in tax proceedings conducted years later. The appellant is the owner of a tax war...
OGH: Lawyer's duty to warn about potential return of contributions
Civil LawThe Supreme Court (Oberster Gerichtshof, OGH) addressed the question of the extent to which lawyers have to examine and warn of possible violations of the capital preservation regulations, in particular the prohibition of return of capital contributi...
OGH on off-registry easements of divided properties
Civil LawIn the present case, the Supreme Court (Oberster Gerichtshof, OGH) examined a real estate dispute between two siblings concerning the existence of an easement. The father of the disputants was the owner of a property on which a single-family house ha...
ECJ: On-call duty as working time
ArbeitsrechtThe European Court of Justice (ECJ) has once again examined the question of whether on-call duty is to be considered working time. In the case at hand, a reserve firefighter worked part-time for the city of Dublin. He is available to his duty station...
DE: Failed property purchase - "reservation fee" to be refunded
ZivilrechtThe Regional Court of Cologne had to decide whether a "reservation fee" paid to secure the purchase of a property must be refunded if the purchase contract is not concluded. In the present case, the defendants had offered a property to build a house ...
COVID-19: The current home office regulations
Arbeitsrecht ZivilrechtAs the pandemic continues to dominate our everyday (work) life, home office is an important part of many employees' and employers' lives. Therefore, it is important to get an overview of the labour law provisions of the current home office framework....
VwGH: Interest on late repayment of VAT claim
The Administrative Court (Verwaltungsgerichtshof, VwGH) ruled on the possibility of claiming interest on late repayment of an input tax surplus. The appellant was a hotelier who claimed a surplus of input tax in 2007 as part of the advance VAT return...
OGH: Non-competition clause of the managing sole shareholder
The Supreme Court (Oberster Gerichtshf, OGH) ruled on the question whether the managing sole shareholder is subject to the non-competition clause even if he holds part of the shares in trust. The plaintiff was a company in the real estate sector. The...
OGH: Claim for reimbursement of insurance benefits
The Supreme Court (Oberster Gerichtshof, OGH) deals with the question of the statute of limitations for a claim for reimbursement of erroneously paid compensation payments, as well as with the commencement of the limitation period for such a claim fo...
OGH: Applicability of exclusion of risks to limited partnerships
The Supreme Court (Oberster Gerichtshof, OGH) ruled on exclusions of risks in an insurance contract and their applicability to limited partnerships (Kommanditgesellschaften, KG). The plaintiff is an engineering office in the legal form of a KG and is...
DE: VW diesel scandal: Withdrawal only with prior setting of a time limit
The German Federal Supreme Court (Bundesgerichtshof, BGH) had to decide whether buyers of a vehicle affected by the diesel scandal can withdraw from the purchase contract even if they have not previously given the seller an opportunity to remedy the ...
COVID-19: Holiday leave and continued remuneration (sick pay)
If Austria is chosen as the holiday destination, the official segregation due to illness or the suspicion of infection with COVID-19 constitutes a justified inability to work. According to the rules of the Epidemic Act (Epidemiegesetzes, EpiG), the e...
Taxation of cryptocurrencies
The planned eco-social tax reform for 2022 has been supplemented by another important aspect, namely the taxation of cryptocurrencies. A brief overview of essential innovations: As of March 2022, income from cryptocurrencies will be added to the list...
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