Usancen Blog
Continued Remuneration
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that an injured employee does not possess quota priority over their employer in instances where the employer has continued to pay remuneration after a workplace acciden...
Obtaining a Water Pipe Easement
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) recently considered issues related to the acquisition of a water pipe easement and assessed whether obstructing the sewer shaft constituted an impermissible supply line under Section 364(2), sent...
GER Premium Savings: Interest Rate Changes & Limitation Periods Clarified
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) addressed matters regarding premium savings agreements, including interest rate adjustments, the limitation period for additional payment claims, and termination rights. Savings...
Rescission in Sales: Verbal Agreements vs. Written Clauses
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) reviewed the issue of whether a purchaser holding return rights bears liability for stone chip damage. The plaintiff purchased an electric vehicle from the defend...
Supreme Court: Automated credit checks
Data Privacy LawThe Supreme Court (OGH) had to decide whether the automated rejection of certain payment methods (invoice, partial payment) by a mail order company falls under Article 22(1) of the General Data Protection Regulation (GDPR) and whether this practice i...
Austrian OGH Defines Direct Payment Duty in Comfort Letters
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) established that a ‘hard’ comfort letter may allow the lender to assert a direct claim against the guarantor if the borrower becomes insolvent. In the case at ha...
Austrian OGH: Sick Leave for Disabled Employees Requires Individual Assessment
Labour LawAustrian OGH: Sick Leave for Disabled Employees Requires Individual Assessment The plaintiff in the present case had been employed by the defendant, the City of Vienna, as a certified medical technician beginning in 1993. In 2000, the plaintiff was c...
Austrian OGH: Full Lock-System Replacement After Key Loss?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision addressing the extent of a tenant’s liability for damages, specifically concerning the costs associated with replacing an entire locking system followin...
No Need for Alternative Offers When Owners Appoint Solicitors
Civil LawAccording to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), apartment owners are not required to seek alternative quotations when appointing solicitors or experts, even in cases where a fee agreement is to be established. P...
Austrian OGH: Prejudicial Nature of Cost Allocation Keys
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has affirmed that interim motions for declaratory judgments are permissible when the contested right or legal relationship is determinative for the resolution of the main action, and ...
Austrian OGH: GmbH & Co KG – Action Against Company Insufficient
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered whether it is legally valid to annul the resolutions of shareholders in a GmbH & Co KG (limited liability company & limited partnership) when an action is brought solely ag...
ECJ: Disabled Children’s Parents Protected from Discrimination
European LawThe European Court of Justice (ECJ) has extended its case law concerning workplace discrimination by recognizing that parents of disabled children may refer to the prohibition of indirect discrimination. Employers are required to consider the needs o...
Austrian OGH: Applicability of SWÖ Collective Agreements
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the collective agreement of Sozialwirtschaft Österreich (hereinafter SWÖ-KV, which represents the interests of Austrian private social and health sector member organisations) d...
Statute of Limitations for Construction-Related Damage
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently addressed the issue of whether claims for damages arising from water damage to a palais property, resulting from adjacent construction activities, were s...
Austria: Double Punishment for Repeated Truancy?
Administrative LawThe Tyrol Regional Administrative Court rejected an appeal challenging a penalty notice for non-compliance with compulsory education requirements, deeming it to be without merit. The appellant, the father of school-age children, contended that the sa...
Austrian Supreme Court Decides Rent Cut Cases
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the stipulated use of existing property and the right to a rent reduction. In 1981/1982, the plaintiff in the case at hand had entered into a lease agreement with the defen...
More Legal Certainty for Tenants: German BGH on Termination
Civil LawThe acquisition of rented residential property by a commercial partnership—in this specific case, a GmbH & Co. KG—does not trigger the notice period for termination for personal use or sale, according to the German Federal Court of Justice (BGH). Giv...
Virtual Share Options and Employees’ Rights
Labour LawVirtual employee share options are a common component of contemporary remuneration structures, particularly in new companies. This brings up a labour law question regarding whether these options can be forfeited if an employee resigns voluntarily. Th...
Unauthorized Security Enforcement by Subcontractors
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with assessing whether a subcontractor can rely on bank guarantees under Section 1170b of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, or ABGB) in ...
Art Collection and Pre-Death Bequests: Legal Considerations
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided clarification regarding the criteria for determining whether works of art are subject to allocation under the legal advance bequest. In the case at hand, the plaintiff wa...
Change in Judicial Approach to Value Guarantee Clauses
Civil LawA recent ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) affirms that value guarantee clauses retain their validity even when an exclusion of a rent increase during the initial two months is not expressly excluded. In 202...
Compulsory Shares: Returned Gifts not Deductible
Civil LawPursuant to Section 782 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), beneficiaries entitled to a compulsory inheritance portion are, as a rule, regarded as though the gifted property remained within the ...
Court Commission Fees: In Austria, Which Heir Pays?
Civil LawIn the case at hand, the defendant—being the sole heir—requested that the court fees, commission fees, and expert witness expenses be allocated proportionally to his sister’s claim. The court of first instance denied the request for expert fees, dete...
GER: Tax Law: Cabinet Approves Investment Program
Tax LawThe German Growth Opportunities Act has implemented tax incentives and increased planning certainty to strengthen the country's business environment. These prompt fiscal measures are intended to encourage investment, support economic expansion, and i...
No liability for negligently incorrect internal expert opinion
Civil LawThe Supreme Court (OGH) had to deal with the question of whether a management consultant is liable for internal expert opinions that later became relevant in connection with a bond issue and insolvency. In 2017, the plaintiff subscribed to a bond iss...
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