Posts tagged #frustrated costs

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OGH: No frustrated costs in case of storage of unrelated objects

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that there are no frustrated costs if a warehouse can generally be used, but the objects intended for it are not stored in it. The plaintiff sold the defendant an allotment house (“...

OGH: Compensation in the case of an overbooked flight

European Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a compensation payment pursuant to Art 7 of the Air Passenger Rights Regulation is to be applied as a benefit against further material and immaterial damages resulting from a denie...

OGH: Only variable personnel costs are “frustrated” costs and eligible for compensation

The Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question whether frustrated personnel costs are eligible for compensation in addition to loss of earnings. In the present case, an “architecture and engineering contract” exists be...

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