Posts tagged #bennibler
All PostsAustrian OGH: Level Crossing Terms Update
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with establishing the criteria under which a railway operator is permitted to unilaterally modify the terms of use for a private level crossing. The matter addressed the ba...
Private Sales Agreement for the Contents of a Terraced House
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) issued a decision regarding the validity of a private sale agreement entered into by the former and current tenants concerning the furnishings of a terraced house. The claimant in the...
OGH Affirms Bank Guarantee Enforceability
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of the conditions under which the enforcement of a bank guarantee issued as security pursuant to Section 1170b of the Austrian General Civil Code (Allgeme...
Review of Clauses: Airline GCCs (Part 3)
Civil LawThe 25 June 2026 edition of the USANCEN newsletter featured the initial segment of a pertinent Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, US...
Unrestricted Access to Company Data in Land Register
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a public-law entity is permitted to restrict access to certain sections of a cooperation agreement maintained within the land register’s document c...
German UWG Amendment
Competition LawThe German federal government has submitted a bill to amend the Federal Act Against Unfair Competition (Bundesgesetz gegen den unlauteren Wettbewerb, hereinafter UWG), which aims to implement the EU Directive to strengthen consumer rights for ecologi...
Review of Terms and Conditions: Airline General Conditions of Carriage (Part 2)
Civil LawThe previous issue of the USANCEN Newsletter featured the first part of a significant Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling concerning an airline’s General Terms and Conditions. This week, USANCEN provides a summary of...
Credit Institutions: No Responsibility for Residual Debt Insurance GT&Cs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider whether a credit institution could be held liable for clauses in the general insurance conditions of a residual debt insurance under section 28 of the Austrian Consume...
No Right to Injunction for Deviations from Condominium Records
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that contractual obligations undertaken by a predecessor to establish certain conditions do not necessarily transfer to subsequent acquirers. As a ...
Reimbursement Despite Withdrawal of Application for Arbitrator Appointment
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining the allocation of costs in proceedings regarding the court appointment of an arbitrator. The primary issue concerned which party should bear the expenses w...
Review of Terms and Conditions: Airline General Conditions of Carriage (Part 1)
Civil LawIn the case at hand, the claimant commenced legal action against an airline, challenging the validity of fifteen specific provisions contained in the General Conditions of Carriage. In this issue, USANCEN provides an analysis of the first clause. The...
Cross-Border Telemedicine: Applicability of a General Country-of-Origin Principle?
Civil LawThe decision in the case at hand addresses the issue of which legal framework applies to cross-border dental treatment provided by a foreign telemedicine provider. The Austrian Dental Association had brought an action for injunctive relief against a ...
Partial Invalidity of Value Protection Clauses in Tenancy Law
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that a partially inadmissible value protection clause within a tenancy agreement does not automatically invalidate the entire valorisation arrangeme...
Austrian OGH on Interest for Cartel Damages
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently examined the issue of entitlement to interest on damages claims for companies affected by cartel conduct. The central question considered was whether interest should begi...
GER: Altered IBAN – Buyers Bear Resulting Loss
Civil LawInstead of receiving valuable gold bars, the buyers in the case at hand ultimately incurred a six-figure loss. Criminals had altered bank details on an emailed invoice, resulting in the buyers transferring over EUR 100,000 to a third-party account. T...
Housing Initiative 2011 Not Classified as ‘Public Funds’
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether financing through the Vienna Housing Initiative 2011 constitutes ‘use of public funds’ within the meaning of Section 1, paragraph 4, item 1 of the ...
Roads Toll Act: Request for Preliminary Ruling to the ECJ
European LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a question to the Court of Justice of the European Union (CJEU) for a preliminary ruling concerning the potential abuse of a dominant market position. Tolls for specific ...
Effects of Sanctions Imposed on Russia Regarding Shareholder Rights
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is applying essential provisions established by the European Court of Justice pertaining to the 2014 EU Sanctions Regulation. The claimant, a Russian company and ...
No Automatic Extension of Adult Guardianship
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is currently deliberating on whether recent amendments introduced by the 2025 Austrian Budget Accompanying Act (Budgetbegleitgesetz) permit the automatic extension of existing court-a...
Austria: Revised Parcel Tax Legislation
Public LawThe Austrian government has put forward a draft bill aiming to implement a parcel tax on mail-order sales. Under the proposed legislation, effective from 1 October 2026, a levy of EUR 2 per parcel will be applied to every domestic delivery conducted ...
Fire Brigade Competitions: Injuries Sustained Are Not Classified as Work-Related
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined whether a serious accident occurring during a regional fire brigade competition falls under the coverage of statutory accident insurance, and whether the claimant qualifies f...
OGH: Bitcoin Loss Not Classified as ‘Theft’
Civil LawIn this insurance law case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined whether the unauthorised acquisition of cryptocurrencies through malware qualifies as theft according to the relevant insurance policy ter...
Efficient Legal Information 
Legal Jobs 
Innovative LegalTech Solutions