Posts tagged #transparency obligation

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Austrian OGH Bans Unlawful Loan Fee Clauses

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled several of a bank’s fee clauses invalid, including handling, reminder, and account management fees. In the case at hand, a consumer protection organisation, an association ...

Austrian OHG on Capitalisation and Running Costs

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on two clauses contained in a tenancy agreement. In the case at hand, the plaintiffs are the tenants of a condominium apartment. In July 2020, they signed a provisional rent...

OGH on Standard Terms in Rental Contracts

Civil Law 

In 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: New Ruling on Loan Handling Fees

Civil Law 

On 23 January, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) issued its first decision on complaints about handling fees for consumer loans. Its decision is a departure from previous case law. The Austrian Verein für Konsumenteni...

OGH: Risk Exclusion in Legal Expenses Insurance

Civil Law 

A clause in the general terms and conditions of a legal-expenses insurance policy has been declared invalid by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The Austrian Association for Consumer Information (Verein für Konsument...

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