Posts tagged #claim
All PostsOGH: No Interim Injunction for Administrative Compensation Claims
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that an interim injunction cannot be granted if the claim at issue can only be the subject of an administrative procedure and no judicial enforcement order is available. In ...
OGH on the Issuance of Arrears Certificates
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has emphasised that a court must examine whether a creditor has the right to issue certificates of arrears in respect of the claim which is the subject of the respective proceedings. ...
OGH on Recovery for Non-Payment of Debt
Civil LawAnyone who pays a non-debt in error can reclaim the amount paid under Section 1431 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB). The prerequisite for this is that the erroneous payment was the result of a...
OGH: Entrepreneurs Lose Right to Rely on Unlawful GTCs
Corporate LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the European Court of Justice’s (ECJ) interpretation of the EEC Directive on Unfair Terms in Consumer Contracts. The case concerned an unjustified rescis...
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