Posts tagged #transparency requirement
All PostsAustrian OGH on Insufficient Transparency in Loan Agreements
Civil LawDuring 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...
Austrian OGH on Electricity Supplier’s Right to Adjust Charges
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) reviewed the General Terms and Conditions of an electricity provider to ascertain whether the provider held a statutory right to modify charges. The plaintiff consumer had an electric...
Consumer Protection: Unfair Contractual Terms for Athletes?
European LawThe Unfair Contract Terms Directive in consumer contracts states that contract terms concerning the main content and the price and remuneration adequacy must be drafted in plain, intelligible language, otherwise, they are considered unfair. In the ca...
OGH: Invalid Clause in Package Tour GTCs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a complete preclusion of the right to withdraw from a package tour contract at no charge in the case of travel restrictions due to COVID-19 is inadmissible. In 2021...
OGH: Review of Bank General Terms and Conditions
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) considered a ‘fictitious consent’ clause of a bank's General Terms and Conditions (GTC). In a class action suit brought by the Austrian Consumers’ Association against a bank,...
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