Posts tagged #grossly unfair
All PostsNew Decision Regarding Clauses in Rental Agreements (Part 1)
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 Ticket Broker GT&Cs
Civil LawIn the case at hand, the defendant operates a ticket service throughout Austria. The plaintiff, a qualified association, objected to several clauses in the defendant’s general terms and conditions of business. Clauses 4 and 5 state that if the event ...
OGH on Standard Terms in Rental Contracts
Civil LawIn a case brought by a consumer protection organisation, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has prohibited the use of 37 clauses that are unfavourable to consumers in pre-formulated rental contracts of a property manag...
OGH: Major Ruling on Rental Agreement Clauses (Part 11)
Civil LawBeginning 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 eleve...
OGH: Major Ruling on Rental Agreement Clauses (Part 9)
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 ninth pa...
OGH: Major Ruling on Rental Agreement Clauses (Part 6)
Civil LawThe first part of a rather extensive and practice-relevant 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 sixth part of the judge...
OGH: Major Ruling on Rental Agreement Clauses (Part 4)
Civil LawThe first part of a very extensive and practice-relevant clause decision of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter of 19 July 2024. This week, USANCEN devotes its attention to the fo...
OGH: Major Ruling on Rental Agreement Clauses (Part 3)
Civil LawIn recent issues of the USANCEN Newsletter we have been publishing excerpts of an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the third part...
OGH: Ticket Agent Service Fee Is Legal
Civil LawIn the case at hand, the plaintiff, an organisation legally entitled to sue, challenged the following two clauses in the general terms and conditions of the defendant ticket agent. The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ru...
OGH: Ineffective Clause in Rental Contracts
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has declared the following clause in tenancy agreements invalid: ‘Any electrical appliances (electric cooker, cooker hood, dishwasher, refrigerator/freezer) must be returned to the la...
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