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Posts tagged #processing fee

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General Terms and Conditions of a Credit Institution (Part 2)

Civil Law 

The prior issue of the USANCEN Newsletter featured the first part of a ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), which holds significant practical importance for specific contractual provisions. In this week’s issu...

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Consumer Loan Agreements: OGH Rules on Processing Fees

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with ruling on the transparency of a particular clause regarding the loan’s processing fee, and whether it was invalid. In August 2017, the consumer plaintiffs took out a m...

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Austrian OGH on Insufficient Transparency in Loan Agreements

Civil Law 

During an appeal, the Austrian Supreme Court (Oberster Gerichtshof, or OGH) examined the validity of certain terms in loan agreements. The main question was whether a processing fee in the agreement could be enforced when consumers were not clearly i...

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