Posts tagged #grossly disadvantageous
All PostsNew Decisions Regarding Clauses in Rental Agreements (Part 2)
Civil LawIn the case at hand, the Austrian Chamber of Labor (Arbeiterkammer) has initiated legal proceedings against the defendant company regarding the validity of 34 clauses in rental agreements. A partial judgment upheld 30 of these clauses as invalid. In ...
Austrian OGH on Electricity Supplier’s Right to Adjust Charges
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) reviewed the General Terms and Conditions of an electricity provider to ascertain whether the provider held a statutory right to modify charges. The plaintiff consumer had an electric...
OGH: Major Ruling on Rental Agreement Clauses (Part 10)
ZivilrechtBeginning on 19 July this year, in our newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. Today, we are featuring the tenth...
OGH: Major Ruling on Rental Agreement Clauses (Part 8)
Civil LawIn recent issues of the USANCEN newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the eighth p...
OGH: Major Ruling on Rental Agreement Clauses (Part 5)
Civil LawThe first part of a rather extensive and practice-relevant clause ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the fifth part of th...
OGH: Major Ruling on Rental Agreement Clauses (Part 2)
Civil LawIn the last issue of the USANCEN Newsletter we published the first part of an extensive decision of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the second part of...
OGH: Major Ruling on Rental Agreement Clauses (Part 1)
Civil LawThe Austrian Chamber of Labour has taken a commercial landlord to court on the grounds claiming that no fewer than 44 (!) clauses in their rental agreements were unlawful. Many of these clauses were now declared invalid by the Austrian Supreme Court ...
OLG Vienna on COVID-19-related coverage denials
The Vienna Higher Regional Court (Oberlandesgericht Wien, OLG Wien) confirmed the decision of the court of first instance that exceptional circumstances clauses in legal expenses insurance were unlawful. The background to the dispute was whether the ...
OGH annuls several GTC clauses of an online broker
The Austrian Supreme Court (Oberster Gerichtshof, OGH) has annulled numerous clauses of the General Terms and Conditions (GTC) of a Dutch online broker in an action brought by the Association for Consumer Information (Verein für Konsumenteninformatio...
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