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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...
Austrian OGH: Amazon Prime’s G&T Provisions Rejected
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) determined that multiple provisions within Amazon Prime’s membership agreements are inadmissible. Amazon’s Prime service, which is subscription-based, provides customers wit...
Standards for Shortening Notice Period in Nursing Home Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) stated that shortening the notice period for a residential contract in a nursing home requires both the existence of an objective possibility for alternative accommodation and contrac...
Municipal Right of Way Obtained through Adverse Possession
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has recently ruled that a municipality has gained a right of way to a ‘Marterl’ (wayside shrine) by adverse possession, and this right remains valid after a municipal merger. Well-known scenic si...
Inheritance Acceptance Declarations: No Separate Appeals
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently held that decisions on the validity of inheritance acceptance declarations in probate proceedings are procedural and cannot be appealed separately. No property assigned u...
GER: Online Dating Contracts Are Enforceable and Can’t Just Be Cancelled
Civil LawThe process of cancelling a premium membership with an online dating agency may not always be as simple as clicking a button. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has reviewed issues related to special termination ...
Right of Way: Municipal Merger Does Not Affect Adverse Possession
Civil LawThe case heard by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) concerned adverse possession of a footpath that provides access to a wayside shrine. The shrine is situated on property owned by the defendant, and the path runs fro...
No Penalty If the Insolvency Administrator Withdraws
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the permissibility of enforcing a contractual penalty clause in a case where an insolvency administrator elected to withdraw from a contract. In main in...
New Decisions Regarding Clauses in Rental Agreements (Part 2)
Civil LawIn the case at hand, the Austrian Chamber of Labor (Arbeiterkammer) has initiated legal proceedings against the defendant company regarding the validity of 34 clauses in rental agreements. A partial judgment upheld 30 of these clauses as invalid. In ...
Section 6(2)(4) of the Consumer Protection Act Is Constitutional
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has rejected as unfounded the application seeking annulment of Section 6(2)(4) of the Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG), which pertains to...
Austria: From Official Secrecy to Freedom of Information
Constitutional LawThe implementation of the new Austrian Freedom of Information Act (Informationsfreiheitsgesetz, hereinafter IFG) on 1 September 2025, will grant all individuals the right to access government-held information. Authorities and public bodies will be re...
New Decision Regarding Clauses in Rental Agreements (Part 1)
Civil LawIn the case at hand, the Austrian Chamber of Labor (Arbeiterkammer) has initiated legal proceedings against the defendant company regarding the validity of 34 clauses in rental agreements. A partial judgment upheld 30 of these clauses as invalid. In ...
Advance Management Expenses: No Offsetting for Condominiums
Civil LawIn the case at hand, the principal owner of a property governed by Austrian condominium law attempted to set off his own claims against the owners’ association with advance payments made for management expenses. Both the court of first instance and t...
Right to Refuse Performance: Austrian OGH Clarifies Requirements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) recently addressed the issue of whether a customer may refuse performance under Section 1170 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB) when there is a claim f...
Toll Evasion: Actions beyond Issuing Warnings
Administrative LawIn the case at hand, a driver had received a EUR 300 fine for not paying the toll within the prescribed period under Section 20(3) of the Austrian Federal Toll Act (Bundesstrassen-Mautgesetz (hereinafter BStMG), resulting in the issuance of a penalty...
Classification as Corporate or Employee Recreational Institution
Labour LawThe issue before the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) concerns the establishment of criteria for recognizing an entity as a company welfare institution. In the case at hand, the plaintiff (the company representative) sou...
A Trust Agreement by Itself Is Not Circumvention
Civil LawA sale of real estate to a company not governed by the Tyrolean Real Estate Transfer Act (Tiroler Grundverkehrsgesetz, hereinafter TirGVG) as a foreign entity is not deemed circumvention solely because the purchaser may provide a third-country nation...
Non-Delivery of Inventory Precludes Transfer of Ownership
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that failure of inventory delivery constitutes an impediment to the transfer of ownership. In her last will and testament, the testator designated her two daughters and...
Austrian OGH Decision on Clarity of Technical Terms in GT&Cs
Civil LawSection 6(3) of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG) states that a contractual provision in general terms and conditions or contract forms is considered invalid if it lacks clarity or is incomprehensible. ...
Last Will: ‘Cash’ Includes Account Balances
Civil LawIn a recent ruling, the Austrian Court (Oberster Gerichtshof, hereinafter OGH) addressed the interpretation of a testamentary provision in which the testator bequeathed ‘cash’ to specified banks. The primary issue under consideration was whether this...
Collective Dismissal Protection Applies Only to Domestic Companies
Labour LawA recent ruling by the Austrian Supreme Court (Oberster Gerichtshof, OGH) has provided clarification that, in cross-border job arrangements, collective dismissal protections require the presence of a business establishment in Austria. Foreign employm...
Austrian Accessibility Act: Measures Introduced to Enhance Digital Accessibility
Civil LawIt’s now official: The Austrian Accessibility Act (Barrierefreiheitsgesetz, hereinafter BaFG) took effect on 28 June 2025. The BaFG implements the requirements of EU Directive 2019/882 (European Accessibility Act; EAA) and establishes guidelines for ...
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