Posts tagged #interpretation
All PostsECJ Strengthens Airline Rights
European LawIn preliminary ruling proceedings, the European Court of Justice provided an interpretative response to the inquiry submitted by the Supreme Court. The issue under consideration was whether EU air traffic control regulations are designed solely to pr...
Austrian VwGH: Definition of 'Goods' Delivered to Business Locations
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has identified a breach of the Austrian 1994 Trade Regulation Act (Gewerbeordnung, hereinafter GeWO) in the decision rendered by the Vorarlberg Administrative Court and subs...
Change in Judicial Approach to Value Guarantee Clauses
Civil LawA recent ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) affirms that value guarantee clauses retain their validity even when an exclusion of a rent increase during the initial two months is not expressly excluded. In 202...
OGH on Interpreting Wills
Civil LawThe testator’s actual intention when drawing up their will is decisive for interpreting the will, and this intention ought to be at least somewhat apparent from the wording of the will. In the case at hand, the deceased, who had died in 2022, left a ...
OGH: Clerical Error Does Not Affect Will’s Validity
Civil LawIn the decision at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with a clerical error in a third-party will, relating to the witnesses. Due to the drafting date, the legal provisions prior to the Austrian Inheritance Law Amendme...
DE: What information must a consumer loan contract contain?
Civil LawIn consumer loan contracts, the information on the interest rate on arrears must include the specific percentage rate applicable at the time of the conclusion of the contract. The German Federal Supreme Court (Bundesgerichtshof, BGH) thus changes its...
OGH: Copyright or editorial secrecy?
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) was called upon to balance the request for information - about the producer of the copyright infringing material of the right holder, in order to protect his ownership right ...
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