Posts tagged #usance
All PostsOGH on Duty to Warn in Work and Labour Contracts
Civil LawIf a breach of the duty to warn leads to the unusability of a product, the claim to payment shall also be forfeited if customers subsequently render that product usable at their own expense. If, on the other hand, the breach of the duty to warn only ...
OGH: Amendment of Terrorist Acts Bill
Criminal LawIn 2021, the European Commission criticised Austria's solution for implementing Directive (EU) 2017/541 (the Terrorism Directive) which deals with combatting terrorism. Consequently, new regulations for Section 287c of the Austrian Criminal Code (Str...
OGH: Graphological assignment sufficient for nuncupatio
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof) dealt with nuncupation according to Section 579 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), i.e., the confirmation of an individual’s last will and tes...
OGH: No Liability for Repeated Reporting of Criminal Offenses
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof) dealt with a claim under Section 1330 (2) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). The plaintiff is a self-employed PR consultant who was convicted ...
OGH: Temporary Property Manager May Apply for Own Dismissal
Civil LawA property manager who was appointed by the court as a provisional caretaker under Section 23 of the Austrian Condominium Act (Wohnungseigentumsgesetz, hereinafter WEG) and who has acted in this capacity for the property owners' association may, upon...
OGH: On the Delivery of Documents to the Court
Procedural LawGovernment authorities may only be called upon to provide documents to the court if a party is unable to obtain immediate document delivery and states and proves this fact in their application. However, an order for performance may not be issued. In ...
VwGH: Representation via citizen card of a minor
Administrative LawThe Austrian E-Government Act (E-Government-Gesetz, E-GovG) and the Identification Register Ordinance 2009 (Stammzahlenregisterbehördenverordnung 2009, StZRegBehV 2009) provide for the valid registration of the power of representation of legal repres...
Austrian Supreme Court: Joinders and Common Garden Areas
Procedural LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with determining if a part of a garden area belongs to the condominium property as a whole and if litigation in this matter requires a joinder of parties. T...
Unjustified Pricing of the Vienna Semester Ticket Based on Residence
Civil LawRecently, the Vienna Regional Court for Civil Matters ruled that differing pricing for public transport tickets solely based on customers' main place of residence is contrary to the principle of equal treatment. The defendant (and appellant) runs a w...
Austrian Registration Act: Amendments and Details
Public LawWith Government Bill 1252 of Supplements XXVII GP, the Austrian Registration Act (Meldegesetz, hereinafter MeldeG) hasundergone a fundamental change in substantive content. On the one hand, the right of intersexual persons to an adequate designation ...
Austrian Supreme Court on Residential Property Accessories
Civil LawFor an accessory to be legally connected to a property, according to Section 2 (3) of the Austrian Residential Property Act (Wohnungseigentumsgesetz, WEG), the property accessory may not be structurally connected to the residential property and it mu...
OGH: Keep No Secondary Residence Use out of Land Register
ZivilrechtTolerations or prohibitions to which the owner of a servient property is subject must be related to property utilisation and not simply to the owner’s economic activities. Therefore, servitudes that only concern the obligatory use of a property may n...
OGH: No Liability after FMA's Failed Banking Supervision
Civil LawThe Republic of Austria is not liable for any financial losses sustained by bank customers as a result of faulty banking supervision by Austria’s Financial Market Authority (FMA). Any such losses are not covered by the protection afforded through Sec...
Austrian Supreme Court: Right to Copy of Rulings for Interveners
Procedural LawIf an intervener declares their intervention within the appeal deadline applicable to the main party, the intervener shall be entitled to the issuing of a copy of the ruling. Also, the intervening party shall be entitled to a separate deadline for ap...
OGH: Rent Surrender to Property Purchaser
Civil LawIn the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the claim of a real estate buyer claiming the surrender of rent. The defendant was the owner of a plot of land for which a purchase offer was concluded with the plaintiff. ...
OGH on the Right of Recourse by a General Contractor
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of a general contractor's recourse against his sub-subcontractor pursuant to Section 1313 second sentence of the Austrian Civil Code (Allgemeines Bürg...
Consumer Protection Sec 3 Applies in Reverse Consumer Transactions
Civil LawPart I of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) not only applies to typical cases where a business is the provider of goods or services within the scope of a consumer transaction. The fact that a consumer holds the pos...
Extensive changes in bank supervision and settlement
In order to implement EU requirements, a number of provisions under capital market law are to be amended. The core points concern new licensing obligations, capital requirements, anti-money laundering and anti-terrorism measures as well as the windin...
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