Posts tagged #motor vehicle
All PostsOGH on Exclusion of Warranty for Used Cars
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified whether consumers who sell a second-hand car are also responsible for the roadworthiness and operational safety of the car. In 2019, the plaintiff bought a car over ten ...
No Insurance for Improper Use of Parking Brake
Civil LawUnder Section 61 of the Austrian Insurance Contract Act (Versicherungsvertragsgesetz, hereinafter VersVG), the insurer is released from its obligation to pay if the policyholder caused the insured event intentionally or in a grossly negligent manner....
OGH: Accident During Loading Not Subject to EKHG
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) again specified what is to be regarded as an accident during operation of a motor vehicle under the Austrian Railways and Motor Vehicles Liability Act (Eisenbahn-...
OGH on designed speed in the EKHG
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that an electric forklift whose maximum speed is electronically limited to less than 10 km/h does not fall within the scope of the Railway and Motor Vehicle Liability Act (Eisenbahn- un...
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