Posts tagged #ABGB
All PostsTop Prize on Scratch Cards – Who Wins?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has determined that having the 5,000 symbol three times on a scratch card does not automatically entitle the holder to the top prize. When a scratch card comprises multiple distinct games—such as...
Austrian OGH: Claim Denied—Limitation Period Expired after Accident
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on compensation claims following a road traffic accident. The claimant had sought compensation from the defendants arising from a road traffic accident in 2016. The...
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...
OGH: Deductions for Working too Fast?
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided the following clarification: Employers are liable for lost working time caused by an employee working too fast if the employee’s working time is contractually limited to ...
OGH: Is Section 1159 ABGB Unconstitutional?
Constitutional LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has asked the Austrian Constitutional Court (Verfassungsgerichshof, VfGH) to declare unconstitutional the new termination provisions of Section 1159(1) to (4) of the Austrian Civil Co...
OGH: Sharing Maintenance of a Serviceable Property
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the granter of a servitude must also compensate for expenditures on the servient estate if, prior to the creation of the servitude, there was a public-law obligation to, e.g. w...
OGH on the Right to Choose between Obtaining a Remedy or a Refund
Civil LawThe Austrian Supreme Court (OGH) has more precisely explained when buyers are bound by their choice between obtaining either a remedy or a refund of the purchase price (Section 932 Austrian General Civil Code). The plaintiff bought a new car from the...
OGH: Arbitrary Actions with Disputed Funds
Civil LawSums of money transferred to a person by erroneous means may, under certain circumstances, not fall under the case facts described in Section 1440 sentence 2 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Together wit...
OGH on the unalterable determination of damage
Civil LawThe short statute of limitations of Section 1489 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) does not start to run before the actual occurrence of the damage. If there is uncertainty as to whether damage has occurre...
OGH: Maintenance obligation of a newly created living space
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of how the landlord's duty of maintenance is structured when it concerns living space the tenant creates at his own expense. The plaintiff and the defendant have an existing...
OGH: Capability of a legal successor of a gambling website to be sued
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the scope of a contract succession by the operator of a gambling website. The plaintiff concluded a framework agreement and various gambling contracts with the oper...
OGH: Hunting guide is the sole proper plaintiff under Section 364 ABGB
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the right of a hunting co-partner of a hunting lease in the course of an application for injunctive relief. The defendant is the owner of a property which adjoins p...
OGH: Incidental damage caused by repair work and procurement
Civil LawIf, in the course of remedying defects, necessary preparatory and follow-up work requires damage of property belonging to the builder, insurance coverage exists even if the policyholder does not act as the builder's direct contractor. The plaintiff r...
OGH: Members of a cooperative have right of inspection under the GDPR
Civil LawArticle 6 of the General Data Protection Regulation (GDPR) regulates the facts that justify the processing of data, whereby several standards of permission exist side by side. All facts are equivalent and consent does not necessarily have to be fulfi...
OGH: Termination of a student dorm room due to Distance Learning
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has decided that the switch to distance learning at a university entitles the student to terminate a student dormitory prematurely. In the case at hand, the student from Slovakia had rented a roo...
OGH on community property inter vivos
Civil LawIn the case of community property among living persons (inter vivos), one spouse has a legal claim to the registration of his or her co-ownership of the property of the other spouse covered by the community property. The termination of the community ...
OGH on the termination of existing contracts for good cause
Civil LawA premature termination for good cause is applicable if it is due to a substantial change of circumstances which cannot be attributed to either of the contracting parties. According to the case law on Section 1117 of the Austrian General Civil Code (...
OGH: "Inheritability" of claims for damages
Civil LawThe Austrian Supreme Court (Oberster gerichtshof, OGH) decided in the present case that the legal status of an heir only entitles him to assert those disadvantages to which the testator was also entitled in connection with a tortfeasor. In the case a...
OGH: Liability of an auditor for investor dispositions
Corporate LawAn aggrieved investor has to claim and prove that he made his investment decision in reliance on the auditor's report and that he used it as the basis for his disposition which resulted in damages. The plaintiff invested EUR 13 million with a stock c...
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...
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: 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 on the duty to mitigate damage
Section 1304 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB) imposes an obligation on the injured party to minimise the damage incurred if and to the extent that it is possible and reasonable for him to act accordingly....
HG Wien: Inadmissible terms and conditions of a fitness membership
In the case at hand, the Vienna Commercial Court (Handelsgericht Wien, HG Wien) dealt with a request for injunction filed by the Association for Consumer Information due to the inadmissibility of three clauses used in the General Terms and Conditions...
OGH on the reimbursement of educational costs of minors
In the present case, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the permissibility of an agreement on the reimbursement of training costs between a minor and her employer. In the case in question, a minor concluded a contract of employm...
OGH on the guarantee demand of the general contractor
In the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) examined the legality of a significantly excessive request for collateral by the contractor of a building within the meaning of Section 1170b of the Austrian Civil Code (Allgemeines b...
OGH on the analogous applicability of § 1 (5) BWG and § 51 BörseG to contracts for differences concluded between companies in the area of concealed forward transactions
Banking LawThe defendant refused to disburse the profit from speculative commodity forwards, arguing that these were transactions for differences that had created a (non-enforceable) “natural obligation” under Austrian law. The plaintiff thereupon sought to app...
BFG: The classification of a "surety" and "guarantee" under civil law - essential differences also in the assessment of legal fees
Tax LawIn a lease agreement concluded between the plaintiff and the leaseholder, a contractual clause was inserted. According to this, a guarantor guarantees the leaseholder that he will be liable for his payment obligations should he fail to meet them desp...
Efficient Legal Information 
Legal Jobs 
Innovative LegalTech Solutions