Posts tagged #consumer law

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Safety-related Faults: Not Always Sufficient Grounds for Contract Termination

Civil Law 

The question of when a consumer may immediately terminate the contract of sale under the Consumer Guarantees Act (Verbrauchergewährleistungsgesetz, hereinafter VGG) in the case of a defective second-hand car was considered by the Austrian Supreme Cou...

OGH Rejects Appeal Challenging Airline’s G&Ts

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has dismissed an appeal lodged by the Austrian Association for Consumer Information (Verein für Konsumenteninformation, VKI) challenging multiple clauses in an airline’s General Condi...

Austrian OGH on Insufficient Transparency in Loan Agreements

Civil Law 

During an appeal, the Austrian Supreme Court (Oberster Gerichtshof, or OGH) examined the validity of certain terms in loan agreements. The main question was whether a processing fee in the agreement could be enforced when consumers were not clearly i...

OGH: Consequences of late withdrawal from a life insurance

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) decided that Section 176 para 1 of the Insurance Contract Act (Versicherungsvertragsgesetz, VersVG) is contrary to EU law if it provides the same legal effects for the withdrawal from an endowmen...

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