Usancen Blog
Austrian OGH: No Recoverability of Non-Use Lease Payments
Civil LawFrustrated expenses are only those expenses that were not caused by the loss event itself, but have become useless as a result of it In 2021 in the case at hand, the plaintiff had purchased a car from the defendant. The purchase price was financed by...
Austrian OGH: Late Temination Notice of Tenancy Takes Effect Asap
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide whether a late notice of termination by the tenant was effective, and whether Section 33(1) sentence 2 of the Austrian Tenancy Act (Mietrechtsgesetz...
Austrian OGH on Mandatory Translation Fees
Competition LawIn antitrust proceedings, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a request for a review of the law to the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH). The request seeks the repeal ...
Austrian OGH: No Compensation for Lake Property Lease
Civil LawIn the case at hand, compensation was sought by the claimant because an existing lease agreement for shared use rights to the property had been terminated by the buyer of a lake property. This lease agreement had originally been concluded in 1963 bet...
German BGH: Implied Utility Contracts for Single-Room Rentals
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has clarified that, when individual rooms in an apartment are rented out under separate agreements and there is only one shared electricity and gas meter, the contract from the ...
Austrian OGH: Country of Origin Principle under E-Commerce Directive
European LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a question on the E-Commerce Directive to the CJEU for a preliminary ruling. In the case at hand, the plaintiff was operating bookshops in Austria and also has an associa...
Austrian VwGH on Tax Deductibility of Donations
Administrative LawAccording to Section 18(8)(1) of the Austrian Income Tax Act (Einkommenssteuergesetz, hereinafter EStG), donations are only eligible for tax deductions if the taxpayer’s personal data is disclosed to the recipient of the donation. Additionally, the r...
Austrian OGH: Are Pensions Subject to Post-Marital Division?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled that private pension products with a realisable economic value prior to retirement are generally subject to post-marital division. In the case at hand, the marriage...
GER: Anonymity and Trusteeships – Shareholders’ Rights to Information Strengthened
Data Privacy LawAlthough trusteeships are often intended to provide investors with anonymity, this desire is subject to clear limits under company law. In one of its most recent rulings, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has re...
Austrian OGH: No Insurance Cancellation after Universal Succession
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that a policyholder who acquires ownership of a property partly through testamentary succession (e.g. a transfer agreement) and partly through universal succession (e.g. an ...
GER: Can Fines Be Used for Tax Reductions?
Tax LawCriminal fines are not work-related expenses. This was ruled by the German Federal Fiscal Court (Bundesfinanzhof, BFH). However, if a fine serves as compensation or if the proceeds of the crime are recovered as criminal assets, this is a different ma...
Austrian OGH: No ‘Simplified’ Property Separation of Garages
Civil LawThe applicant sought to divide her residential property, an apartment and a garage, into two independent property units, basing her claim on Section 56(1) of the 2002 Austrian Apartment Ownership Act (Wohnungseigentumsgesetz, 2002, hereinafter WEG 2...
Austrian OGH: No Compensation for Trauma after Plane Crashes into House
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the question of whether psychological distress following massive damage to property (in this case caused by a small aircraft crashing into a residential building) is eligib...
EU: Competition Potentials and Social Standards
European LawMembers of the European Parliament are calling for a more competitive European Union that prioritises social and labour standards. Key objectives include investing more in education and tackling rising housing costs. At the end of March, Members of t...
GER: Can Cryptocurrency Be Used as Form of Remuneration?
Labour LawThe issue of remuneration agreements in the context of cryptocurrency was recently addressed by the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG). The court was tasked with determining whether a claim for commission stipulated w...
GER: 'v.de AG' not Eligible for Company Name Registration
Corporate LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled that the company name 'v.de AG' cannot be entered in the commercial register as it lacks the distinctive character required under Section 18(1) of the German ...
Austrian OGH: Fraud Money Recovery Possible Despite Forfeiture
Criminal LawThe Austrian Supreme Court of Justice (Oberster Gerichtshof, hereinafter OGH) has ruled that a claim based solely on the law of unjust enrichment can justify participation in criminal forfeiture proceedings under Section 444(2) of the Austrian Code ...
Austrian OGH: Is Not Wearing a Helmet on an E-Bike Negligent?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on whether not wearing a helmet while riding an e-bike constitutes negligence. In the case at hand, in a pedestrian and cycle lane, the plaintiff riding an e-bike collided ...
OGH: Request to CJEU for Preliminary Ruling on Streaming Services
European LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred the question of whether the provision of streaming services constitutes the supply of ‘digital content’ to the CJEU. The plaintiff in the case at hand is an association ...
GER: Is Excessively Low Rent Contrary to Public Policy?
Civil LawAn apartment at an extremely low rent – this sounds like a dream for many tenants. In a recent case, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has clarified that the mere agreement of a low rent for a generously proport...
Austrian OGH on Asset Transfers by Guardianship Courts
Civil LawA legal transaction may only be approved by the guardianship court if the conclusion of the legal transaction is to the benefit of the person under guardianship as well as in their best interest. This is not the case if possible reductions in the per...
Austrian OGH on Resolutions by Owners’ Associations
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruled on the contestability of resolutions entered into by members of residential property owners’ associations. In the case at hand, the plaintiff had acquired co-ownership shares in...
Austrian OGH on Ticket Broker GT&Cs
Civil LawIn the case at hand, the defendant operates a ticket service throughout Austria. The plaintiff, a qualified association, objected to several clauses in the defendant’s general terms and conditions of business. Clauses 4 and 5 state that if the event ...
Austrian OGH on Trees Impairing Neighbouring Properties
Civil LawThe effects of the natural characteristics of a property must be tolerated by the neighbour whose property is affected. Effects of nature, which are not caused by human activities, but only by natural processes, cannot be averted by an action for tre...
Austrian VfGH: The ‘Orderer’s Principle’ Is Constitutional
Constitutional LawSince 1 July 2023, in Austria the ‘orderer’s principle’ (Bestellerprinzip) has applied to the letting of residential property. The Bestellerprinzip refers to a policy in Austria’s real estate market that whoever hires an estate agent to arrange a ten...
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