Posts tagged #transparency
All PostsAustria: OGH Decisions on Telecom Fees
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently reviewed a clause about processing fees in a telecom company’s general terms and conditions. The court also sent questions regarding activation fees to the Court of Justi...
Consumer Loan Agreements: OGH Rules on Processing Fees
Civil LawThe 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...
Austria: From Official Secrecy to Freedom of Information
Constitutional LawThe implementation of the new Austrian Freedom of Information Act (Informationsfreiheitsgesetz, hereinafter IFG) on 1 September 2025, will grant all individuals the right to access government-held information. Authorities and public bodies will be re...
CJEU: Disclosure of Personal Data by Public Authorities
European LawThe processing of personal data in the context of official documents frequently raises questions about the scope of the General Data Protection Regulation (GDPR). The CJEU once again had the opportunity to clarify the conditions and limits of lawful ...
ECJ on Misleading Price Discounts in Advertising Brochures
European LawThe European Court of Justice (ECJ) has been presented with a case of practical relevance concerning the advertising of discounts and price reductions. A German discounter had advertised in its flyers percentages on price savings as well as ‘price hi...
OGH on Publicising Land Register Data
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a professional interest by journalists can constitute a legal interest when obtaining sought-after information, thus justifying a journalist’s request for informati...
OGH: Transparency requirement of § 6 (3) KSchG for foreign currency loans
Civil LawThe transparency requirement of Section 6 para 3 Consumer Protection Act (Konsumentenschutzgesetz, KSchG) was the undoing of the defendant bank with regard to a loan agreement. After a comprehensive interpretation of the contract documents, the Supre...
EU Parliament and Council: Milestone for tax transparency
At EU level, representatives of the European Parliament and the Council were able to agree on a regulation for greater tax transparency for companies. This agreement is aimed at multinational companies (including their subsidiaries) that operate in m...
OLG Vienna on COVID-19-related coverage denials
The Vienna Higher Regional Court (Oberlandesgericht Wien, OLG Wien) confirmed the decision of the court of first instance that exceptional circumstances clauses in legal expenses insurance were unlawful. The background to the dispute was whether the ...
End of official secrecy has been drafted
Public LawAfter a long period of announcements, a draft of the Federal Chancellery (Bundeskanzleramt) for a new Freedom of Information Act (Informationsfreiheitsgesetz, IFG) is now available. The act aims to replace the constitutionally enshrined official secr...
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