Usancen – Business Law in PracticeUSANCEN – Wirtschaftsrecht für die Praxis2026-04-16T00:00:00Zhttps://usancen.lawthek.eu/en/Usanceninfo@lawthek-verlag.comOGH: Service Effective Despite Internet Problems2026-04-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-service-effective-despite-internet-problems-d98b6091/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that the time period for filing an appeal commences with the public announcement of a decision in the edict register. Issues pertaining to personal notification do not ...OGH on Reimbursement of Training Expenses2026-04-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-reimbursement-of-training-expenses-28b1964b/In the context of a labour law dispute, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently upheld the validity of repayment agreements for pre-financed training. The claimant in the case at hand had requested EUR 56,666.5...General Terms and Conditions of a Credit Institution (Part 3)2026-04-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/general-terms-and-conditions-of-a-credit-institution-part-3-41e8f334/The 2 April 2026 issue of the USANCEN Newsletter featured the initial segment of a clause decision from the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). In this edition, USANCEN will examine the subsequent two clauses. Clause 3: "A...Austria: OGH Ruling on Intra-Group Short-Term Deposit Refund Bans2026-04-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-ogh-ruling-on-intra-group-short-term-deposit-refund-bans-437ac40c/The Austrian Supreme Court (Oberster Gerichtshof, OGH) determined that an intra-group short-term deposit of EUR 46 million may constitute a prohibited repayment of deposits if the arrangement does not adhere to arm’s length standards and is primarily...Limits on Repayment Arrangements2026-04-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/limits-on-repayment-arrangements-de6de65d/The Austrian Supreme Court (Oberster Gerichtshof, or OGH) has recently reviewed a case concerning the repayment of several million euros following a consultancy agreement with an Austrian bank that subsequently went bankrupt. Once insolvency proceedi...Insolvency Challenge: No Jurisdiction for Assigned Claims2026-04-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/insolvency-challenge-no-jurisdiction-for-assigned-claims-3c130102/The Higher Regional Court (Oberlandesgericht, OLG) Vienna ruled on the international and local jurisdiction for avoidance claims asserted by the insolvency administrator, both on their own behalf and for assigned claims. Share-sale payment dispute In...General Terms and Conditions of a Credit Institution (Part 2)2026-04-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/general-terms-and-conditions-of-a-credit-institution-part-2-e4e7359e/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...Limits for Abusive GDPR Requests2026-04-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/limits-for-abusive-gdpr-requests-dd2e1514/In the case at hand, a person living in Austria had signed up for a German optician’s newsletter by entering personal information into the company’s online registration form. Several weeks later, the individual contacted the optician's shop to reques...OGH Rejects Appeal Challenging Airline’s G&Ts2026-04-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rejects-appeal-challenging-airline-s-g-ts-ddd567c9/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has dismissed an appeal lodged by the Austrian Association for Consumer Information (Verein für Konsumenteninformation, VKI) challenging multiple clauses in an airline’s General Condi...Credit Institution General Terms & Conditions (Part 1)2026-04-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/credit-institution-general-terms-conditions-part-1-77334d25/The Austrian Chamber of Labour filed a challenge against a credit institution concerning eight clauses contained within its General Terms and Conditions. USANCEN will evaluate these clauses clauses, beginning with the following two: Clause 1: “Intere...Mould and Unpleasant Odours Do Not Constitute Valid Grounds for Eviction2026-04-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/mould-and-unpleasant-odours-do-not-constitute-valid-grounds-for-eviction-9cd2fd4c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently delivered a decision regarding the validity of a tenancy agreement in the context of issues related to untidiness and mould within a rental property. The tenant, who is ...Austrian OGH Rejects Injunction in Sculptures Case2026-04-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-rejects-injunction-in-sculptures-case-409ec00a/In a recent case, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to assess whether the sale of decorative figurines through an online platform constituted a modification of an artist’s sculptures amounting to copyrigh...OGH: Amendments to the Austrian Income Tax Act2026-03-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-amendments-to-the-austrian-income-tax-act-b1f1ba3a/The Austrian parliament has authorised tax relief measures for overtime work and employment during public holidays. Public holiday work: Tax-exempt up to EUR 400 per month Employers have often handled pay for work done on public holidays inconsistent...Transport Service Bias Against People with Limited Mobility2026-03-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/transport-service-bias-against-people-with-limited-mobility-ff497f9c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that an airline engages in discriminatory practices regarding the transportation of individuals who use wheelchairs if the person affected is required to wait 45 minute...Accidents During Return Home Not Covered by Insurance2026-03-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/accidents-during-return-home-not-covered-by-insurance-e75d2d40/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has delivered a decision about when insurance coverage begins after leaving one’s place of work. Plaintiff sought recognition of the accident as an occupational injury The plaintiff i...Austrian OGH on Digital Parking Enforcement2026-03-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-digital-parking-enforcement-29ca2477/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has reviewed the operational framework of digital parking enforcement, in which service providers employ automated number plate recognition technology to oversee parking areas and enf...Maintenance Claims during Incarceration2026-03-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/maintenance-claims-during-incarceration-7afdfe7f/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that the obligation to provide maintenance is suspended while an individual serves an extended prison sentence. Request for maintenance during incarceration In the init...External Parties May Purchase Car Parking Spaces2026-03-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/external-parties-may-purchase-car-parking-spaces-de96b003/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently determined that the three-year purchase restriction for individuals not affiliated with the property is not reset when existing condominium ownership is mutually dissolve...One-year deadline for data protection complaints2026-03-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/one-year-deadline-for-data-protection-complaints-e3eee55f/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) reviewed whether the one-year deadline specified in Section 24(4) of the Austrian Data Protection Act (Datenschutzgesetz, hereinafter DSG) under national procedural law alig...Salary Arrangement for Parental Part-Time Employment2026-03-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/salary-arrangement-for-parental-part-time-employment-70c6037f/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the calculation of all-in salaries when employment contracts do not specify the allocation for overtime and additional hours during parental p...ECJ Strengthens Airline Rights2026-03-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-strengthens-airline-rights-05e306f0/In preliminary ruling proceedings, the European Court of Justice provided an interpretative response to the inquiry submitted by the Supreme Court. The issue under consideration was whether EU air traffic control regulations are designed solely to pr...Partial acceptance of inheritance and provisional renunciation of inheritance2026-03-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/partial-acceptance-of-inheritance-and-provisional-renunciation-of-inheritance-eddeeef6/The Austrian Supreme Court (OGH) decides on Legal Succession of Intestate Decedents. No substantiated basis for disqualification from inheritance In the present case, the testator passed away in 2023 intestate, survived by two daughters (the first an...Austrian OHG Upholds Choice of Law in Cross-Border Securities Deals2026-03-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ohg-upholds-choice-of-law-in-cross-border-securities-deals-6970881b/The Austrian Supreme Court (Oberster Gerichtshof, OGH) was requested to determine the applicability of Italian law to a cross-border commercial relationship involving an Italian consumer and an Austrian bank, notwithstanding the bank’s subsequent con...Security for legal costs: No time limit for supplementary applications2026-03-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/security-for-legal-costs-no-time-limit-for-supplementary-applications-feab3a29/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter referred to as OGH) has issued a ruling regarding the circumstances under which pre-trial security deposits may be requested from foreign claimants. In late 2021, the plaintiff in the case...Invalid Termination – Employment Continues2026-03-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/invalid-termination-employment-continues-2213cf96/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on the termination of the employment contract of a plaintiff who was a beneficiary of the Austrian Disability Employment Act (Behinderteneinstellungsgesetz, hereina...Maintenance Not Tied to EU Residency Status2026-03-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/maintenance-not-tied-to-eu-residency-status-47e0260c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with assessing whether third-country nationals under the age of eighteen relinquish their entitlement to advance maintenance payments upon obtaining a permanent EU residenc...Top Prize on Scratch Cards – Who Wins?2026-03-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/top-prize-on-scratch-cards-who-wins-bd34bee4/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has determined that having the 5,000 symbol three times on a scratch card does not automatically entitle the holder to the top prize. When a scratch card comprises multiple distinct games—such as...Class Action: Procedural Rules for Redress2026-03-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/class-action-procedural-rules-for-redress-90e65c49/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently reviewed the procedural requirements pertaining to the definition of ‘essentially similar circumstances. Imposition of a processing fee The plaintiff is an acknowledged quali...German BGH: Abstract Debt Acknowledgment after Lapsed Claim2026-02-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/german-bgh-abstract-debt-acknowledgment-after-lapsed-claim-0ec6a892/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) had to determine whether enforcement may proceed on the basis of a standalone notarial acknowledgement of debt when the underlying claim has already become time barred. Abstract...Austrian OGH: Are Video Game ‘Loot Boxes’ Considered Gambling?2026-02-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-are-video-game-loot-boxes-considered-gambling-b8098faf/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined the issue of whether ‘loot boxes’ featured in video games qualify as gambling, and if so, whether operators are obligated to obtain a licence. Loot box contents are rando...Austrian OGH on Liability for Providing Incorrect Expert Opinions2026-02-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-liability-for-providing-incorrect-expert-opinions-90e17eec/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on a claim for damages against an expert in a construction case. The claimant commenced a construction project in early 2017 pursuant to an approved building permit...Austrian OGH: Preliminary Ruling on Estate Asset Sales2026-02-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-preliminary-ruling-on-estate-asset-sales-37bc8b31/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was asked to clarify whether Austrian courts have international jurisdiction under Article 10(2) of the European Succession Regulation when a beneficiary of a compulsory portion sues ...Austria: OGH Decisions on Telecom Fees2026-02-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-ogh-decisions-on-telecom-fees-27a68d95/The 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...Austrian Disability Pension: Rigorous Criteria Governing Hardship Provisions2026-02-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-disability-pension-rigorous-criteria-governing-hardship-provisions-13b83a15/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the criteria governing the application of hardship provisions to disability pensions. In particular, the court addressed the issue of whether brief periods of employment cons...Maintenance obligation during Imprisonment in Default (of Fine)2026-02-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/maintenance-obligation-during-imprisonment-in-default-of-fine-3ea98a5b/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) explained when a parent is required to pay maintenance while serving a default prison sentence for financial offenses. In the case at hand, a father has been required to pay EUR 100 p...Austrian OGH Blocks Early Transfer of Shares in Company Capital Increase2026-02-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-blocks-early-transfer-of-shares-in-company-capital-increase-1578e34f/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that shares resulting from a future capital increase are only recognized upon the registration of the increase in the commercial register. Until this entry occurs, neit...Austrian OGH: Minority Shareholders Classified as Consumers2026-02-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-minority-shareholders-classified-as-consumers-d5681188/The applicants in the case at hand requested that a judge appoint an arbitrator, relying on the arbitration clause found in their general partnership agreement. This request arose from a disagreement among shareholders about whether a particular shar...Airline Required to Refund Commission after Cancelling Flight2026-02-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/airline-required-to-refund-commission-after-cancelling-flight-71360d79/The European Court of Justice (ECJ) has issued a decision regarding whether travel agencies should be reimbursed for commissions on flights that are cancelled. In the case at hand, multiple travellers had acquired return flight tickets from Austria t...Deposit Protection: OGH Asks ECJ for Preliminary Ruling2026-02-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/deposit-protection-ogh-asks-ecj-for-preliminary-ruling-f936c25d/Does the Deposit Protection Directive (2014/49/EU) mean that deposits held by a housing association structured as a limited liability company (GmbH), which come from the sale of an apartment by the association to a private individual, should be consi...Austrian OGH: Lost Wills Remain Valid2026-02-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-lost-wills-remain-valid-b57fdbd1/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently explained that, according to Section 722 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), a last will and testament is still va...Austrian OGH: No Personalised Advertising Without Consent2026-02-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-no-personalised-advertising-without-consent-1fa6b390/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the conditions under which the processing of Facebook users’ personal data for personalised advertising and third-party tracking is permissible, as set out in Article 15 ...GER: Easements Require Land Registry Entry2026-01-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-easements-require-land-registry-entry-548243b3/The German Federal Court of Justice (BGH) examined when a conditional civil law right to obtain an easement for rights of way may exist. Transfer of ownership without registration of the right of way in the land registry In the cased at hand, after t...Austrian Government Unveils Inflation Relief Act for Tenancy Law2026-01-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-government-unveils-inflation-relief-act-for-tenancy-law-4361c942/The Austrian Federal Ministry of Justice recently presented the government bill for the Inflation Relief Act for Tenancy Law (Mietrechtliches Inflationslinderungsgesetz, hereinafter MILG). Restrictions on safeguarding value Value protection clauses a...German BFH Decides on Tax-Deductible Dual Household Expenses2026-01-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/german-bfh-decides-on-tax-deductible-dual-household-expenses-e0934853/The German Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH) has recently ruled on the tax deductibility of parking space costs in the context of maintaining two households. Second residence The case pertains to a second residence, including a ...ECJ: Restrictions on Naming Athletes in Doping Cases2026-01-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-restrictions-on-naming-athletes-in-doping-cases-214df8ad/Advocate General Spielmann asserts that disclosing the names of athletes found in violation of anti-doping regulations does not inherently conform with European Union law. Information released following a doping incident In the initial proceedings, f...OGH: Interim Injunction Guidelines for School and Nursery Transfers2026-01-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-interim-injunction-guidelines-for-school-and-nursery-transfers-1f2761eb/In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has delineated the criteria for granting an interim injunction pursuant to Section 381(2) of the Austrian Enforcement and Security Procedures Code (Exekutionsord...German BGH Clarifies ‘Personal Data’ under Article 15 of the GDPR2026-01-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/german-bgh-clarifies-personal-data-under-article-15-of-the-gdpr-cc4ed850/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether premium history details—such as adjustments, tariff changes, and terminations—in private health insurance count as personal data. The case at hand involved a ...Austrian OGH: Only Estate-Related Parts of Probate Halted by Insolvency2026-01-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-only-estate-related-parts-of-probate-halted-by-insolvency-12f7703c/In the case at hand, upon the passing of the testator in 2023, probate proceedings commenced. The son and daughter contested the appointment of an estate administrator, challenged the approval of the insolvency application, and objected to the denial...Austrian OGH: Claim Denied—Limitation Period Expired after Accident2026-01-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-claim-denied-limitation-period-expired-after-accident-466ff97b/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on compensation claims following a road traffic accident. The claimant had sought compensation from the defendants arising from a road traffic accident in 2016. The...GER: Electronic Signature Certification Sufficient for Commercial Register Filings2026-01-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-electronic-signature-certification-sufficient-for-commercial-register-filing-7d227259/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has examined whether handwritten signature may be certified via a basic electronic certificate, thereby clarifying legal requirements within this context. GmbH dissolution in co...New Regulations on Notice Periods and Exceptions2026-01-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-regulations-on-notice-periods-and-exceptions-1c3e777e/As of 1 July 2025, new rules for deviations from statutory notice periods under collective agreements are being enforced retroactively, along with several transitional provisions. Exemption Clause in Collective Agreements Clarified On 1 October 2021,...ECJ: Applicable Law After Workplace Relocation2026-01-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-applicable-law-after-workplace-relocation-de4f90ec/The European Court of Justice (ECJ) has examined which country’s labour laws should apply when an employee relocates to a different nation under their current employment contract. In the case at hand, a Luxembourg transport firm had employed a French...Shrinkflation: Austrian Government Bill on Anti-Deceptive Packaging2026-01-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/shrinkflation-austrian-government-bill-on-anti-deceptive-packaging-9fc5b6ad/The Austrian Federal Ministry for Economic Affairs, Energy and Tourism has introduced a government bill regarding legislation on misleading packaging. Under this new law, products whose quantity was reduced without a matching decrease in price must b...ECJ: Travelling Pets are ‘Baggage’2026-01-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-travelling-pets-are-baggage-33c67cdc/The European Court of Justice has ruled that pets are considered baggage for the purposes of airline liability, thereby delineating the extent of airlines’ responsibility in cases of loss. In the case at hand, the plaintiff flew with her mother and h...Austrian Police: Time Spent Changing and Gearing up Is Work Time2026-01-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-police-time-spent-changing-and-gearing-up-is-work-time-6b2658e7/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has recently examined whether putting on your uniform and equipment counts as part of working hours. In the case at hand, the appellant police officer submitted a request fo...Insurance Contract Law: Are One-Year Limitation Periods Constitutional?2026-01-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/insurance-contract-law-are-one-year-limitation-periods-constitutional-202789eb/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with deliberating upon the question of whether a policyholder’s claim for coverage is precluded as a consequence of non-compliance with the stipulated deadline under Sectio...German BGH Strikes Down Pension Cut Clause for Riester Policyholders2026-01-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/german-bgh-strikes-down-pension-cut-clause-for-riester-policyholders-ea53a7cb/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) was required to adjudicate the validity of a provision contained within the terms and conditions of a unit-linked pension insurance policy. Pension factor reductions From June t...Austrian OGH: Preclusion Period for Damages Claims2025-12-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-preclusion-period-for-damages-claims-6892b11f/In a recent ruling, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the limitation period under Section 1111 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB) also applies...Package Travel Directive: ECJ Preliminary Ruling Request2025-12-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/package-travel-directive-ecj-preliminary-ruling-request-1d710c16/A Polish court has submitted questions to the Court of Justice of the European Union concerning the interpretation of Articles 14 and 3(12) of Directive (EU) 2015/2302 relating to package travel. The referral seeks to clarify the specific circumstanc...Consumer Loan Agreements: OGH Rules on Processing Fees2025-12-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/consumer-loan-agreements-ogh-rules-on-processing-fees-a078c03c/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...OGH: No Injury Compensation after Construction Site Accident2025-12-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-injury-compensation-after-construction-site-accident-93d9c9ec/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a decision regarding compensation for physical impairment under Section 213a of the Austrian General Social Security Act (Allgemeines Sozialversicherungsgesetz, hereinafter...ECJ: Travel Time Counts as Working Time2025-12-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-travel-time-counts-as-working-time-a4355a0f/The European Court of Justice has determined that, under specific circumstances, travel time constitutes working time. This interpretation extends to situations where employees are traveling as passengers in the back seat. In this scenario, the emplo...OGH Clarifies Statute of Limitations for Legal Expenses Insurance Claims2025-12-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-clarifies-statute-of-limitations-for-legal-expenses-insurance-claims-261a01e8/In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) provided clarification regarding the commencement of the limitation period applicable to claims for coverage or information against a legal expenses insurer. The...German BGH on Pre-Negotiated Brokerage Agreements2025-12-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/german-bgh-on-pre-negotiated-brokerage-agreements-47f245f6/The German Bundesgerichtshof (hereinafter BGH) recently had to consider whether a brokerage agreement negotiated in advance between a project developer and a brokerage agency could still be subject to review under the German Law on Standard Terms and...Austrian OGH on Parallel Representation in Maintenance Proceedings2025-12-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-parallel-representation-in-maintenance-proceedings-682ea954/In a recent ruling, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) clarified that the child and youth welfare agency (Kinder- und Jugendhilfeträger, hereinafter KJHT) and a parent may provide parallel representation of minor child...EU: Amazon is a 'very large online platform'2025-12-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-amazon-is-a-very-large-online-platform-52297f5c/The Court of Justice of the European Union (CJEU) has rejected Amazon’s legal objection to the designation of the Amazon Store as a ‘very large online platform’ pursuant to the Digital Services Act (DSA). As a result, Amazon is required to adhere to ...Austrian OGH on Insufficient Transparency in Loan Agreements2025-12-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-insufficient-transparency-in-loan-agreements-0ffb22a0/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...Limitation Period for Rent Reclaims in Property Sales2025-12-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/limitation-period-for-rent-reclaims-in-property-sales-726471dc/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the applicable limitation period for claims seeking the return of rent collected subsequent to the contractually agreed handover date of a pro...Right-of-Way: Adverse Possession Criteria2025-12-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/right-of-way-adverse-possession-criteria-267034bd/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a judgment regarding the adverse possession of a right of way and the establishment of a definitive easement agreement. The case concerned the defendants' use of the plaint...Loan processing fees: Significant excess of actual costs2025-11-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/loan-processing-fees-significant-excess-of-actual-costs-0f223c92/The Supreme Court (OGH) recently ruled in two cases that the use of certain clauses in loan agreements constituted a violation of the law. In this case, it dealt with the question of whether a processing fee agreed in a loan agreement is valid if its...Austrian OGH: Receiving Dunning Notices After Address Change2025-11-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-receiving-dunning-notices-after-address-change-b660d5b3/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has held that a formal dunning notice requiring receipt under Section 39 of the Austrian Insurance Contract Act (Versicherungsvertragsgesetz, hereinafter VersVG) is considered officia...OGH on Tax Compensation for Lost Earnings2025-11-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-tax-compensation-for-lost-earnings-3d4c1cc4/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that, in cases where someone is seeking reimbursement for tax compensation due to lost earnings, the usual rules about who must prove their claims still apply. Shifting ...Austrian OGH: Executive Board Contracts Terminable Without Notice2025-11-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-executive-board-contracts-terminable-without-notice-f3f94f15/In a notable appellate decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the issue of whether an executive board contract could be subject to immediate termination without notice upon the supervisory board’s disco...Austrian OGH on Eviction Following Termination of Cohabitation2025-11-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-eviction-following-termination-of-cohabitation-939db250/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) discussed when ex-partners are allowed to use real estate and explained in detail under what circumstances cohabiting partners can legally challenge a property’s owner for reasons oth...Protecting Competition in Leases to Affiliated Companies2025-11-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/protecting-competition-in-leases-to-affiliated-companies-9f13712c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was called upon to determine whether a landlord would breach a contractual competition protection clause by leasing two distinct business premises, each under 500 m², to companies tha...Request for a preliminary ruling from the ECJ2025-11-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/request-for-a-preliminary-ruling-from-the-ecj-8b9bad61/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has submitted the following question to the European Court of Justice for a preliminary ruling: Does a payment order from a Swiss debt enforcement office under Article 69 of the Feder...Austrian OGH: Emergency Right-of-Way Granted for Construction2025-11-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-emergency-right-of-way-granted-for-construction-caba11ea/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a ruling authorising an emergency right of way to facilitate property development. The applicant is the owner of a property located in Vienna, which was previously utilised...Austrian OGH on Insurance Coverage for Collapsed Roof2025-11-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-insurance-coverage-for-collapsed-roof-29614430/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has decided if insurance should cover damage to a building and its belongings when the roof collapsed because of heavy snow. The parties in the case at hand are covered by an ‘all-ris...GER: Fiscal Court on Tax Rules for Holiday Home Rentals2025-11-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-fiscal-court-on-tax-rules-for-holiday-home-rentals-0debcf86/The German Federal Fiscal Court was tasked with determining under what circumstances losses incurred from a holiday property rented solely to vacationers may be recognised for tax purposes. Holiday rental property Since 2008, a woman had exclusively ...Austrian OGH: Maintenance Duty Met Even with Conditional Payments2025-11-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-maintenance-duty-met-even-with-conditional-payments-a672f340/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified how to calculate post-marital maintenance under Section 68a of the Austrian Marriage Act (hereinafter, EheG), also addressing the legal implications of maintena...Austrian OGH on Deadlines for Medical Certificates2025-11-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-deadlines-for-medical-certificates-8000287c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the suspension of entitlement to support benefits for long-term illnesses under Sections 104a and 104b of the Austrian General Social Security...Austrian OGH: Ruling on Rent Claims after Business Closures2025-11-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-ruling-on-rent-claims-after-business-closures-d5326ee6/The Austrian Supreme Court (Oberster Gerichtshof, or OGH) addressed the issue of whether landlords are entitled to recover rent when business closures prevent them from subletting properties to holiday guests. In the present case, the plaintiff (land...OGH: No Witness Examination from the Comfort of Your Own Home2025-11-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-witness-examination-from-the-comfort-of-your-own-home-9119d6bb/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has addressed witness examinations by video conference and clarified Section 277 of the Austrian Code of Civil Procedure (Zivilprozessordnung, hereinafter ZPO). In the case at hand, a...Records: The Extent of Condominium Owners’ Rights of Access2025-11-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/records-the-extent-of-condominium-owners-rights-of-access-7a3f927d/The Austrian Supreme Court (Oberster Gerichtshof, or OGH) has clarified how much access condominium owners have to documents such as contracts between their ownwers’ association and energy suppliers, property insurance agreements, and the ways in whi...Austria: Recent Tenancy Law on Value Preservation Clauses2025-11-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-recent-tenancy-law-on-value-preservation-clauses-63f9d0f0/The Austrian Council of Ministers has approved a resolution to amend laws relating to index adjustments, fixed-term agreements, and the recovery of overpaid rent. The proposed Civil Law Indexation Adjustment Act aims to clarify value guarantee clause...Austria: OGH on Labour Law and Unjust Enrichment2025-10-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-ogh-on-labour-law-and-unjust-enrichment-65158794/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that the higher statutory interest rate outlined in Section 49a of the Austrian Labour and Social Court Act (Arbeits- und Sozialgerichtsgesetz, hereinafter ASGG) also co...Marriage After Testator’s Death Does Not Bar Inheritance2025-10-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/marriage-after-testator-s-death-does-not-bar-inheritance-76063561/In case 2 Ob 71/25t, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined if a marriage that took place after the testator’s death influences who is named as an heir under inheritance law. The case at hand concerned an inherita...OGH on Adult Representation: No Third-Party Applications2025-10-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-adult-representation-no-third-party-applications-59b032e9/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has explicitly determined that third parties are not entitled to submit motions in proceedings relating to the guardianship court’s approval of a purchase agreement. In the case at ha...Defect Correction Liability in Subcontractor Insolvency2025-10-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/defect-correction-liability-in-subcontractor-insolvency-d1e84918/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently addressed the issue of whether insurance coverage for the costs of remedying defects attributable to a subcontractor is contingent upon the insolvency of the responsible ...Work Bonuses from Day Workshops: Income for Maintenance2025-10-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/work-bonuses-from-day-workshops-income-for-maintenance-e0aa62dd/In its ruling (8 Ob 147/24m) of 12 August 2025, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that payments for work performed in a day workshop must, in principle, be included in the basis for calculating ...Austrian VwGH: Definition of 'Goods' Delivered to Business Locations2025-10-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-vwgh-definition-of-goods-delivered-to-business-locations-8746c0b4/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has identified a breach of the Austrian 1994 Trade Regulation Act (Gewerbeordnung, hereinafter GeWO) in the decision rendered by the Vorarlberg Administrative Court and subs...Formal Mistake Can Void a Will2025-10-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/formal-mistake-can-void-a-will-922def75/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has held that a will drafted by a notary in accordance with the testator’s directives and executed before witnesses is regarded as a private will. As such, it must meet only the form...Austrian OGH Decisions Regarding Compensation for Bus Drivers' Break Periods2025-10-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-decisions-regarding-compensation-for-bus-drivers-break-periods-27ddeea2/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that breaks bus drivers are required to take because of timetables do not count as paid working time under Section 2(1)(1) of the Austrian Working Time Act (Arbeitszeitgeset...Executive Liable for Misleading Advertising2025-10-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/executive-liable-for-misleading-advertising-a6f77f75/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has confirmed that the distribution of misleading advertising materials, which may create false impressions regarding the risk profile and value stability of securities, can establish liability f...Deductions for Unpaid Work under ÖNORM B 21102025-10-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/deductions-for-unpaid-work-under-oenorm-b-2110-c2a9d2b0/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a set-off declaration by the client in a construction contract constitutes payment under ÖNORM B 2110, and if such a declaration can preclude the c...GER: Federal Court Clarifies Landlords’ Owner-Occupancy Rights2025-10-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-federal-court-clarifies-landlords-owner-occupancy-rights-c334108e/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) addressed the boundaries of termination on grounds of personal use. The central issue was whether a landlord may assert personal use when intending to renovate their own apartme...Authorization requirement for virtual transfer to third countries2025-10-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/authorization-requirement-for-virtual-transfer-to-third-countries-387c3ac2/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has determined that, according to Section 16(2) of the Austrian Temporary Employment Act (Arbeitskräfteüberlassungsgesetz, hereinafter AÜG), the provision of workers from Au...Austrian OGH: No Statutory No-Smoking Periods2025-10-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-no-statutory-no-smoking-periods-b251e2aa/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently delivered a decision in a case brought by apartment owners seeking an injunction against their neighbour, the owner of a multi-unit residential property, to prevent the emiss...Austrian OGH on Enforceability of Pre-trial Insurance Consultations2025-10-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-enforceability-of-pre-trial-insurance-consultations-d87db086/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether the costs incurred by an insurance advisor in asserting a claim for damages out of court are recoverable as compensable damages under Section 1333...Austrian OGH on Built-In Furnishings Included in Purchase Agreements2025-10-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-built-in-furnishings-included-in-purchase-agreements-93bbccc4/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently stated that built-in furnishings are considered accessories when selling an apartment and are regarded as part of the object of sale without requiring transfer. Property ...Continued Remuneration2025-10-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/continued-remuneration-728357b2/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that an injured employee does not possess quota priority over their employer in instances where the employer has continued to pay remuneration after a workplace acciden...Obtaining a Water Pipe Easement2025-10-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/obtaining-a-water-pipe-easement-4391c3a6/The Austrian Supreme Court (Oberster Gerichtshof, OGH) recently considered issues related to the acquisition of a water pipe easement and assessed whether obstructing the sewer shaft constituted an impermissible supply line under Section 364(2), sent...GER Premium Savings: Interest Rate Changes & Limitation Periods Clarified2025-10-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-premium-savings-interest-rate-changes-limitation-periods-clarified-17ed4e9e/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) addressed matters regarding premium savings agreements, including interest rate adjustments, the limitation period for additional payment claims, and termination rights. Savings...Rescission in Sales: Verbal Agreements vs. Written Clauses2025-10-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/rescission-in-sales-verbal-agreements-vs-written-clauses-2e7e5e44/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) reviewed the issue of whether a purchaser holding return rights bears liability for stone chip damage. The plaintiff purchased an electric vehicle from the defend...Supreme Court: Automated credit checks2025-10-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/supreme-court-automated-credit-checks-3dcde622/The Supreme Court (OGH) had to decide whether the automated rejection of certain payment methods (invoice, partial payment) by a mail order company falls under Article 22(1) of the General Data Protection Regulation (GDPR) and whether this practice i...Austrian OGH Defines Direct Payment Duty in Comfort Letters2025-09-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-defines-direct-payment-duty-in-comfort-letters-fc126feb/In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) established that a ‘hard’ comfort letter may allow the lender to assert a direct claim against the guarantor if the borrower becomes insolvent. In the case at ha...Austrian OGH: Sick Leave for Disabled Employees Requires Individual Assessment2025-09-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-sick-leave-for-disabled-employees-requires-individual-assessment-f00f8bb4/Austrian OGH: Sick Leave for Disabled Employees Requires Individual Assessment The plaintiff in the present case had been employed by the defendant, the City of Vienna, as a certified medical technician beginning in 1993. In 2000, the plaintiff was c...Austrian OGH: Full Lock-System Replacement After Key Loss?2025-09-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-full-lock-system-replacement-after-key-loss-a3f79384/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision addressing the extent of a tenant’s liability for damages, specifically concerning the costs associated with replacing an entire locking system followin...No Need for Alternative Offers When Owners Appoint Solicitors2025-09-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/no-need-for-alternative-offers-when-owners-appoint-solicitors-c4d2200c/According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), apartment owners are not required to seek alternative quotations when appointing solicitors or experts, even in cases where a fee agreement is to be established. P...Austrian OGH: Prejudicial Nature of Cost Allocation Keys2025-09-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-prejudicial-nature-of-cost-allocation-keys-2bc878da/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has affirmed that interim motions for declaratory judgments are permissible when the contested right or legal relationship is determinative for the resolution of the main action, and ...Austrian OGH: GmbH & Co KG – Action Against Company Insufficient2025-09-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-gmbh-co-kg-action-against-company-insufficient-07194d7c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered whether it is legally valid to annul the resolutions of shareholders in a GmbH & Co KG (limited liability company & limited partnership) when an action is brought solely ag...ECJ: Disabled Children’s Parents Protected from Discrimination2025-09-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-disabled-children-s-parents-protected-from-discrimination-14498398/The European Court of Justice (ECJ) has extended its case law concerning workplace discrimination by recognizing that parents of disabled children may refer to the prohibition of indirect discrimination. Employers are required to consider the needs o...Austrian OGH: Applicability of SWÖ Collective Agreements2025-09-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-applicability-of-swoe-collective-agreements-2439bfe2/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the collective agreement of Sozialwirtschaft Österreich (hereinafter SWÖ-KV, which represents the interests of Austrian private social and health sector member organisations) d...Statute of Limitations for Construction-Related Damage2025-09-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/statute-of-limitations-for-construction-related-damage-ee5ea1d4/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently addressed the issue of whether claims for damages arising from water damage to a palais property, resulting from adjacent construction activities, were s...Austria: Double Punishment for Repeated Truancy?2025-09-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-double-punishment-for-repeated-truancy-2b8f8463/The Tyrol Regional Administrative Court rejected an appeal challenging a penalty notice for non-compliance with compulsory education requirements, deeming it to be without merit. The appellant, the father of school-age children, contended that the sa...Austrian Supreme Court Decides Rent Cut Cases2025-09-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-decides-rent-cut-cases-b82b145a/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the stipulated use of existing property and the right to a rent reduction. In 1981/1982, the plaintiff in the case at hand had entered into a lease agreement with the defen...More Legal Certainty for Tenants: German BGH on Termination2025-09-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/more-legal-certainty-for-tenants-german-bgh-on-termination-e5aabd01/The acquisition of rented residential property by a commercial partnership—in this specific case, a GmbH & Co. KG—does not trigger the notice period for termination for personal use or sale, according to the German Federal Court of Justice (BGH). Giv...Virtual Share Options and Employees’ Rights2025-09-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/virtual-share-options-and-employees-rights-91ff5afa/Virtual employee share options are a common component of contemporary remuneration structures, particularly in new companies. This brings up a labour law question regarding whether these options can be forfeited if an employee resigns voluntarily. Th...Unauthorized Security Enforcement by Subcontractors2025-09-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/unauthorized-security-enforcement-by-subcontractors-fe0e715f/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with assessing whether a subcontractor can rely on bank guarantees under Section 1170b of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, or ABGB) in ...Art Collection and Pre-Death Bequests: Legal Considerations2025-09-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/art-collection-and-pre-death-bequests-legal-considerations-a8ee8d84/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided clarification regarding the criteria for determining whether works of art are subject to allocation under the legal advance bequest. In the case at hand, the plaintiff wa...Change in Judicial Approach to Value Guarantee Clauses2025-09-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/change-in-judicial-approach-to-value-guarantee-clauses-9b6c81dd/A recent ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) affirms that value guarantee clauses retain their validity even when an exclusion of a rent increase during the initial two months is not expressly excluded. In 202...Compulsory Shares: Returned Gifts not Deductible2025-08-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/compulsory-shares-returned-gifts-not-deductible-30de9c0e/Pursuant to Section 782 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), beneficiaries entitled to a compulsory inheritance portion are, as a rule, regarded as though the gifted property remained within the ...Court Commission Fees: In Austria, Which Heir Pays?2025-08-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/court-commission-fees-in-austria-which-heir-pays-f9f7abeb/In the case at hand, the defendant—being the sole heir—requested that the court fees, commission fees, and expert witness expenses be allocated proportionally to his sister’s claim. The court of first instance denied the request for expert fees, dete...GER: Tax Law: Cabinet Approves Investment Program2025-08-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-tax-law-cabinet-approves-investment-program-fb0b6ab3/The German Growth Opportunities Act has implemented tax incentives and increased planning certainty to strengthen the country's business environment. These prompt fiscal measures are intended to encourage investment, support economic expansion, and i...No liability for negligently incorrect internal expert opinion2025-08-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/no-liability-for-negligently-incorrect-internal-expert-opinion-8015a392/The Supreme Court (OGH) had to deal with the question of whether a management consultant is liable for internal expert opinions that later became relevant in connection with a bond issue and insolvency. In 2017, the plaintiff subscribed to a bond iss...Austrian OGH: Amazon Prime’s G&T Provisions Rejected2025-08-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-amazon-prime-s-g-t-provisions-rejected-efa9e808/In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) determined that multiple provisions within Amazon Prime’s membership agreements are inadmissible. Amazon’s Prime service, which is subscription-based, provides customers wit...Standards for Shortening Notice Period in Nursing Home Agreements2025-08-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/standards-for-shortening-notice-period-in-nursing-home-agreements-78d6e4ea/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) stated that shortening the notice period for a residential contract in a nursing home requires both the existence of an objective possibility for alternative accommodation and contrac...Municipal Right of Way Obtained through Adverse Possession2025-08-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/municipal-right-of-way-obtained-through-adverse-possession-5b6b9cb5/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has recently ruled that a municipality has gained a right of way to a ‘Marterl’ (wayside shrine) by adverse possession, and this right remains valid after a municipal merger. Well-known scenic si...Inheritance Acceptance Declarations: No Separate Appeals2025-08-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/inheritance-acceptance-declarations-no-separate-appeals-cf703941/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently held that decisions on the validity of inheritance acceptance declarations in probate proceedings are procedural and cannot be appealed separately. No property assigned u...GER: Online Dating Contracts Are Enforceable and Can’t Just Be Cancelled2025-08-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-online-dating-contracts-are-enforceable-and-can-t-just-be-cancelled-a1f635dc/The process of cancelling a premium membership with an online dating agency may not always be as simple as clicking a button. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has reviewed issues related to special termination ...Right of Way: Municipal Merger Does Not Affect Adverse Possession2025-08-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/right-of-way-municipal-merger-does-not-affect-adverse-possession-33140581/The case heard by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) concerned adverse possession of a footpath that provides access to a wayside shrine. The shrine is situated on property owned by the defendant, and the path runs fro...No Penalty If the Insolvency Administrator Withdraws2025-08-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/no-penalty-if-the-insolvency-administrator-withdraws-048610bb/In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the permissibility of enforcing a contractual penalty clause in a case where an insolvency administrator elected to withdraw from a contract. In main in...New Decisions Regarding Clauses in Rental Agreements (Part 2)2025-08-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-decisions-regarding-clauses-in-rental-agreements-part-2-4d867fe9/In the case at hand, the Austrian Chamber of Labor (Arbeiterkammer) has initiated legal proceedings against the defendant company regarding the validity of 34 clauses in rental agreements. A partial judgment upheld 30 of these clauses as invalid. In ...Section 6(2)(4) of the Consumer Protection Act Is Constitutional2025-08-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/section-6-2-4-of-the-consumer-protection-act-is-constitutional-8a1e748c/The Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has rejected as unfounded the application seeking annulment of Section 6(2)(4) of the Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG), which pertains to...Austria: From Official Secrecy to Freedom of Information2025-08-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-from-official-secrecy-to-freedom-of-information-46948f4f/The 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...New Decision Regarding Clauses in Rental Agreements (Part 1)2025-08-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-decision-regarding-clauses-in-rental-agreements-part-1-fe94dbff/In the case at hand, the Austrian Chamber of Labor (Arbeiterkammer) has initiated legal proceedings against the defendant company regarding the validity of 34 clauses in rental agreements. A partial judgment upheld 30 of these clauses as invalid. In ...Advance Management Expenses: No Offsetting for Condominiums2025-08-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/advance-management-expenses-no-offsetting-for-condominiums-42687076/In the case at hand, the principal owner of a property governed by Austrian condominium law attempted to set off his own claims against the owners’ association with advance payments made for management expenses. Both the court of first instance and t...Right to Refuse Performance: Austrian OGH Clarifies Requirements2025-07-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/right-to-refuse-performance-austrian-ogh-clarifies-requirements-bda719d8/The Austrian Supreme Court (Oberster Gerichtshof, OGH) recently addressed the issue of whether a customer may refuse performance under Section 1170 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB) when there is a claim f...Toll Evasion: Actions beyond Issuing Warnings2025-07-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/toll-evasion-actions-beyond-issuing-warnings-e5618e5f/In the case at hand, a driver had received a EUR 300 fine for not paying the toll within the prescribed period under Section 20(3) of the Austrian Federal Toll Act (Bundesstrassen-Mautgesetz (hereinafter BStMG), resulting in the issuance of a penalty...Classification as Corporate or Employee Recreational Institution2025-07-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/classification-as-corporate-or-employee-recreational-institution-0521ee73/The issue before the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) concerns the establishment of criteria for recognizing an entity as a company welfare institution. In the case at hand, the plaintiff (the company representative) sou...A Trust Agreement by Itself Is Not Circumvention2025-07-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/a-trust-agreement-by-itself-is-not-circumvention-00705ce5/A sale of real estate to a company not governed by the Tyrolean Real Estate Transfer Act (Tiroler Grundverkehrsgesetz, hereinafter TirGVG) as a foreign entity is not deemed circumvention solely because the purchaser may provide a third-country nation...Non-Delivery of Inventory Precludes Transfer of Ownership2025-07-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/non-delivery-of-inventory-precludes-transfer-of-ownership-59518ee1/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that failure of inventory delivery constitutes an impediment to the transfer of ownership. In her last will and testament, the testator designated her two daughters and...Austrian OGH Decision on Clarity of Technical Terms in GT&Cs2025-07-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-decision-on-clarity-of-technical-terms-in-gt-cs-eb8850a6/Section 6(3) of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG) states that a contractual provision in general terms and conditions or contract forms is considered invalid if it lacks clarity or is incomprehensible. ...Last Will: ‘Cash’ Includes Account Balances2025-07-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/last-will-cash-includes-account-balances-cd97460b/In a recent ruling, the Austrian Court (Oberster Gerichtshof, hereinafter OGH) addressed the interpretation of a testamentary provision in which the testator bequeathed ‘cash’ to specified banks. The primary issue under consideration was whether this...Collective Dismissal Protection Applies Only to Domestic Companies2025-07-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/collective-dismissal-protection-applies-only-to-domestic-companies-74c06360/A recent ruling by the Austrian Supreme Court (Oberster Gerichtshof, OGH) has provided clarification that, in cross-border job arrangements, collective dismissal protections require the presence of a business establishment in Austria. Foreign employm...Austrian Accessibility Act: Measures Introduced to Enhance Digital Accessibility2025-07-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-accessibility-act-measures-introduced-to-enhance-digital-accessibility-3ca69f77/It’s now official: The Austrian Accessibility Act (Barrierefreiheitsgesetz, hereinafter BaFG) took effect on 28 June 2025. The BaFG implements the requirements of EU Directive 2019/882 (European Accessibility Act; EAA) and establishes guidelines for ...Austrian OGH Affirms Indivisibility of Statutory Minimum Share2025-07-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-affirms-indivisibility-of-statutory-minimum-share-c16144f1/In cases where a minimum share related to residential property is to be allocated among more than two individuals, the probate court is required to offer both the minimum share and the corresponding residential property at a public auction. However, ...ORF TV Licence: Austrian VfGH Declares Regulation Constitutional2025-07-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/orf-tv-licence-austrian-vfgh-declares-regulation-constitutional-1f0e2e24/On 24 June 2025, the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) issued a ruling determining that the existing television licence scheme for Austria’s national public broadcaster, ORF, does not violate constitutional prov...EU Sanctions: Preliminary Ruling on Shareholders Rights2025-07-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-sanctions-preliminary-ruling-on-shareholders-rights-a311adde/The Austrian Supreme Court (Österreichischer Oberster Gerichtshof, hereinafter OGH) has asked the European Court of Justice to rule on whether EU law allows restrictions on shareholder rights if the shareholder is controlled by a person listed under ...Data Protection: No Shared Responsibility for Employee Access2025-07-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/data-protection-no-shared-responsibility-for-employee-access-6843b598/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has determined that a municipality does not qualify as a data controller within the meaning of the GDPR when its employees access the Austrian Central Register of Residents ...Austrian OGH on Electricity Supplier’s Right to Adjust Charges2025-07-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-electricity-supplier-s-right-to-adjust-charges-a0024620/The 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...GER: Additional Regulations for Consumer Loans Forthcoming2025-07-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-additional-regulations-for-consumer-loans-forthcoming-d2716ce3/The German Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) has introduced a draft bill to implement the revised EU Consumer Credit Directive. This legislation aims to enhance consumer protection in credit agreements. It includes provi...EU AG Recommends Upholding EUR 4bn Fine against Google2025-07-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-ag-recommends-upholding-eur-4bn-fine-against-google-32a376eb/In a decision issued on July 18, 2018, the European Commission imposed a fine of approximately EUR 4 billion on Google. The penalty was justified on the basis that Google had abused its dominant market position by enforcing anti-competitive contractu...Notification of a Fine Needs an Addressee2025-06-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/notification-of-a-fine-needs-an-addressee-91629043/According to the established case law of the Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH), a decision is only legally effective if, among other things, it names a clearly defined addressee. If this is missing, there is no ...VwGH: Entry of Foreign Academic Degrees in Passports2025-06-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-entry-of-foreign-academic-degrees-in-passports-910c9f73/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) addressed the issue of whether it is essential for the entry of a title awarded in an EU member state as an academic degree in a passport that this title is recognized by th...Basic Subsistence Level after Insolvency: Future Care Costs2025-06-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/basic-subsistence-level-after-insolvency-future-care-costs-3b719658/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the issue of when a debtor’s minimum subsistence level can be raised during insolvency proceedings, considering anticipated future care and support costs. During debt settle...Austrian OGH Upholds Virtual AGMs and Shareholder Rights2025-06-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-upholds-virtual-agms-and-shareholder-rights-08e83800/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the challenge of resolutions from a virtual general meeting that a shareholder contested due to alleged formal deficiencies and legal violations. The ma...Real Estate Transfer and Income Tax Changes Effective July 1, 20252025-06-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/real-estate-transfer-and-income-tax-changes-effective-july-1-2025-983c1a3d/The Austrian legislature's 2025 Budget Accompanying Act (Bundesbegleitgesetz, hereinafter BBG) tightens real estate transfer tax rules for share deals. Starting July 1, 2025, a reclassification surcharge could apply to real estate income tax. This ar...GER: Contractual Penalties after Withdrawal from Contract2025-06-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-contractual-penalties-after-withdrawal-from-contract-badd4efd/A customer’s withdrawal from a property development contract generally does not preclude a claim against the property developer for payment of a previously agreed-upon contractual penalty. This has recently been decided by the German Federal Court of...Property Valuation Requires Checking Construction Documents2025-06-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/property-valuation-requires-checking-construction-documents-9b913bc3/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that a professional valuation of a property must include checking access to the construction documents In his will dated August 2017, the father of the parties ...Data Protection Authority: Right to Dismiss Excessive Requests?2025-06-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/data-protection-authority-right-to-dismiss-excessive-requests-345f941c/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) dealt with the question of when the Austrian Data Protection Authority (Datenschutzbehörde, hereinafter DSB) may reject requests in accordance with Article 57 (4) of the Gen...Consumer Protection: Unfair Contractual Terms for Athletes?2025-06-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/consumer-protection-unfair-contractual-terms-for-athletes-8a78d4aa/The 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...Auditor Liability Confirmed by Austrian OGH2025-06-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/auditor-liability-confirmed-by-austrian-ogh-a6ace67f/The liability of auditors in connection with contributions in kind continues to raise complex legal questions, particularly in the context of capital measures involving corporations. In a recent decision, the Austrian Supreme Court (Oberster Gerichts...CJEU: Disclosure of Personal Data by Public Authorities2025-06-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-disclosure-of-personal-data-by-public-authorities-7e25eeb1/The 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 ...Value Guarantee: Review of Basic Rent in Non-Contentious Proceedings2025-06-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/value-guarantee-review-of-basic-rent-in-non-contentious-proceedings-be153dd7/According to Austrian general civil law criteria, the validity of a value guarantee agreement is not subject to review in non-contentious proceedings under Section 37(1)(8) of the Austrian Tenancy Law Act (Mietrechtsgesetz, hereinafter MRG). As a pre...GER: Right to Deletion after Incorrect Commercial Register Entry2025-06-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-right-to-deletion-after-incorrect-commercial-register-entry-b8bd3e72/The subjective rights of the shareholder are not affected by an incorrect entry in the commercial register. Deletion is not a right. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) referred the shareholder concerned to the ci...Voluntary Oaths: Austrian OGH Clarifies Creditor’s Standing as a Party2025-06-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/voluntary-oaths-austrian-ogh-clarifies-creditor-s-standing-as-a-party-cc6b4e5c/In principle, a debtor with a valid obligation must be willing to fulfil their obligation in order to avoid the creditor initiating enforcement proceedings. Voluntary oath requested by debtor In a compulsory inheritance portion lawsuit, the applicant...GER: Consumer Protection for Sole Shareholders?2025-06-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-consumer-protection-for-sole-shareholders-e1de7242/When does a sole shareholder of a limited liability company (GmbH) undertaking joint and several liability for the company’s liabilities qualify as a consumer? Are they then entitled to the protective mechanisms of consumer loan law? These questions ...Care Legacy: Austrian OGH Clarifies Meaning of ´Care`2025-06-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/care-legacy-austrian-ogh-clarifies-meaning-of-care-447d7ebe/According to Section 677 (1) of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), a person close to a deceased individual, who has cared for the deceased to a not merely insignificant extent in the three years prior to ...TOIL Agreements: Austrian OGH Limits Employees Rights to Withdraw2025-06-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/toil-agreements-austrian-ogh-limits-employees-rights-to-withdraw-66fc3e29/NKA works council brought an action against a hospital with the aim of establishing that employees may withdraw from the time-off-in-lieu (TOIL) agreement in the event of illness. The employer argued that time off in lieu merely represents a redistribu...Austrian OGH: Pastoral Assistant Can be Fired after Reporting a Crime2025-05-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-pastoral-assistant-can-be-fired-after-reporting-a-crime-831b024c/Churches and religious societies are also subject to the general laws of the state. However, the provisions of Part II of the Labour Constitution Act (ArbVG) do not apply to companies that serve the denominational purposes of a legally recognized chu...Austrian OGH: No Recoverability of Non-Use Lease Payments2025-05-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-no-recoverability-of-non-use-lease-payments-1bd28ea5/Frustrated expenses are only those expenses that were not caused by the loss event itself, but have become useless as a result of it In 2021 in the case at hand, the plaintiff had purchased a car from the defendant. The purchase price was financed by...Austrian OGH: Late Temination Notice of Tenancy Takes Effect Asap2025-05-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-late-temination-notice-of-tenancy-takes-effect-asap-4eb5197f/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide whether a late notice of termination by the tenant was effective, and whether Section 33(1) sentence 2 of the Austrian Tenancy Act (Mietrechtsgesetz...Austrian OGH on Mandatory Translation Fees2025-05-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-mandatory-translation-fees-e7088885/In antitrust proceedings, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a request for a review of the law to the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH). The request seeks the repeal ...Austrian OGH: No Compensation for Lake Property Lease2025-05-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-no-compensation-for-lake-property-lease-ae22da54/In the case at hand, compensation was sought by the claimant because an existing lease agreement for shared use rights to the property had been terminated by the buyer of a lake property. This lease agreement had originally been concluded in 1963 bet...German BGH: Implied Utility Contracts for Single-Room Rentals2025-05-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/german-bgh-implied-utility-contracts-for-single-room-rentals-88589b1c/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has clarified that, when individual rooms in an apartment are rented out under separate agreements and there is only one shared electricity and gas meter, the contract from the ...Austrian OGH: Country of Origin Principle under E-Commerce Directive2025-05-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-country-of-origin-principle-under-e-commerce-directive-6ad1cf95/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a question on the E-Commerce Directive to the CJEU for a preliminary ruling. In the case at hand, the plaintiff was operating bookshops in Austria and also has an associa...Austrian VwGH on Tax Deductibility of Donations2025-05-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-vwgh-on-tax-deductibility-of-donations-3442430f/According to Section 18(8)(1) of the Austrian Income Tax Act (Einkommenssteuergesetz, hereinafter EStG), donations are only eligible for tax deductions if the taxpayer’s personal data is disclosed to the recipient of the donation. Additionally, the r...Austrian OGH: Are Pensions Subject to Post-Marital Division?2025-05-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-are-pensions-subject-to-post-marital-division-2d7b96f5/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled that private pension products with a realisable economic value prior to retirement are generally subject to post-marital division. In the case at hand, the marriage...GER: Anonymity and Trusteeships – Shareholders’ Rights to Information Strengthened2025-05-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-anonymity-and-trusteeships-shareholders-rights-to-information-strengthened-5f2aa5c9/Although trusteeships are often intended to provide investors with anonymity, this desire is subject to clear limits under company law. In one of its most recent rulings, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has re...Austrian OGH: No Insurance Cancellation after Universal Succession2025-05-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-no-insurance-cancellation-after-universal-succession-e737770e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that a policyholder who acquires ownership of a property partly through testamentary succession (e.g. a transfer agreement) and partly through universal succession (e.g. an ...GER: Can Fines Be Used for Tax Reductions?2025-05-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-can-fines-be-used-for-tax-reductions-9cde5102/Criminal fines are not work-related expenses. This was ruled by the German Federal Fiscal Court (Bundesfinanzhof, BFH). However, if a fine serves as compensation or if the proceeds of the crime are recovered as criminal assets, this is a different ma...Austrian OGH: No ‘Simplified’ Property Separation of Garages2025-05-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-no-simplified-property-separation-of-garages-6c5537f5/The applicant sought to divide her residential property, an apartment and a garage, into two independent property units, basing her claim on Section 56(1) of the 2002 Austrian Apartment Ownership Act (Wohnungseigentumsgesetz, 2002, hereinafter WEG 2...Austrian OGH: No Compensation for Trauma after Plane Crashes into House2025-05-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-no-compensation-for-trauma-after-plane-crashes-into-house-13d1fe15/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the question of whether psychological distress following massive damage to property (in this case caused by a small aircraft crashing into a residential building) is eligib...EU: Competition Potentials and Social Standards2025-05-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-competition-potentials-and-social-standards-883fe91f/Members of the European Parliament are calling for a more competitive European Union that prioritises social and labour standards. Key objectives include investing more in education and tackling rising housing costs. At the end of March, Members of t...GER: Can Cryptocurrency Be Used as Form of Remuneration?2025-05-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-can-cryptocurrency-be-used-as-form-of-remuneration-bcfbda02/The issue of remuneration agreements in the context of cryptocurrency was recently addressed by the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG). The court was tasked with determining whether a claim for commission stipulated w...GER: 'v.de AG' not Eligible for Company Name Registration2025-05-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-v-de-ag-not-eligible-for-company-name-registration-d72afb64/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled that the company name 'v.de AG' cannot be entered in the commercial register as it lacks the distinctive character required under Section 18(1) of the German ...Austrian OGH: Fraud Money Recovery Possible Despite Forfeiture2025-05-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-fraud-money-recovery-possible-despite-forfeiture-e3ce0ed6/The Austrian Supreme Court of Justice (Oberster Gerichtshof, hereinafter OGH) has ruled that a claim based solely on the law of unjust enrichment can justify participation in criminal forfeiture proceedings under Section 444(2) of the Austrian Code ...Austrian OGH: Is Not Wearing a Helmet on an E-Bike Negligent?2025-05-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-is-not-wearing-a-helmet-on-an-e-bike-negligent-9052d681/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on whether not wearing a helmet while riding an e-bike constitutes negligence. In the case at hand, in a pedestrian and cycle lane, the plaintiff riding an e-bike collided ...OGH: Request to CJEU for Preliminary Ruling on Streaming Services2025-05-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-request-to-cjeu-for-preliminary-ruling-on-streaming-services-36a03d7a/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred the question of whether the provision of streaming services constitutes the supply of ‘digital content’ to the CJEU. The plaintiff in the case at hand is an association ...GER: Is Excessively Low Rent Contrary to Public Policy?2025-04-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-is-excessively-low-rent-contrary-to-public-policy-288d59c0/An apartment at an extremely low rent – this sounds like a dream for many tenants. In a recent case, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has clarified that the mere agreement of a low rent for a generously proport...Austrian OGH on Asset Transfers by Guardianship Courts2025-04-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-asset-transfers-by-guardianship-courts-6e02ff3e/A legal transaction may only be approved by the guardianship court if the conclusion of the legal transaction is to the benefit of the person under guardianship as well as in their best interest. This is not the case if possible reductions in the per...Austrian OGH on Resolutions by Owners’ Associations2025-04-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-resolutions-by-owners-associations-f24828dd/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruled on the contestability of resolutions entered into by members of residential property owners’ associations. In the case at hand, the plaintiff had acquired co-ownership shares in...Austrian OGH on Ticket Broker GT&Cs2025-04-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-ticket-broker-gt-cs-b0d324a5/In the case at hand, the defendant operates a ticket service throughout Austria. The plaintiff, a qualified association, objected to several clauses in the defendant’s general terms and conditions of business. Clauses 4 and 5 state that if the event ...Austrian OGH on Trees Impairing Neighbouring Properties2025-04-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-trees-impairing-neighbouring-properties-4d0895af/The effects of the natural characteristics of a property must be tolerated by the neighbour whose property is affected. Effects of nature, which are not caused by human activities, but only by natural processes, cannot be averted by an action for tre...Austrian VfGH: The ‘Orderer’s Principle’ Is Constitutional2025-04-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-vfgh-the-orderer-s-principle-is-constitutional-098cbec5/Since 1 July 2023, in Austria the ‘orderer’s principle’ (Bestellerprinzip) has applied to the letting of residential property. The Bestellerprinzip refers to a policy in Austria’s real estate market that whoever hires an estate agent to arrange a ten...Austrian VwGH: No Fees Exemption for Hotel Leases2025-04-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-vwgh-no-fees-exemption-for-hotel-leases-5e980c17/The exemption from fees for residential leases pursuant to Section 33 TP 5 (4) no. 1 of the Austrian Fees Act (Gebührengesetz, hereinafter GebG) does not apply to the lease of hotel buildings. The Austrian Administrative Court (Verwaltungsgerichtshof...Austrian OGH on Service Fee for Food Delivery Services2025-04-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-service-fee-for-food-delivery-services-970d09b4/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide whether a food delivery service can charge a service fee. The defendant operates a delivery platform, consisting of a mobile app and a website. Through this platform, co...Austrian VwGH: Tax Exemption Limit Is at 1,000 m22025-04-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-vwgh-tax-exemption-limit-is-at-1-000-m2-aaff28af/The tax exemption for the sale of a house including the plot of land according to Section 30 (2) of the 1988 Austrian Income Tax Act (Einkommensteuergesetz, hereinafter EStG) only applies to plot sizes ‘as would normally be required for a building s...GER: BGH on Consumer Protection and GDPR Breaches2025-04-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-consumer-protection-and-gdpr-breaches-1b863499/A breach of data protection obligations to inform users of social networks about the scope and purpose of collection as well as use of their personal data by the operator of that network justifies claims for injunctive relief under competition law an...Consumer Protection in Pro Sports: Basketball Player to Pay 1.6m?2025-04-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/consumer-protection-in-pro-sports-basketball-player-to-pay-1-6m-92581887/A contract clause that obliges a young athlete to pay a portion of his earnings if he becomes a professional athlete is clearly abusive. In the case at hand, the parents of the athlete, who had been a minor at the time, signed a contract with a compa...Austrian OGH Bans Unlawful Loan Fee Clauses2025-04-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-bans-unlawful-loan-fee-clauses-8b1f5889/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 VwGH: Double Jeopardy for Being both Vehicle Driver and Holder?2025-04-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-vwgh-double-jeopardy-for-being-both-vehicle-driver-and-holder-016a02ed/Is it permissible to impose two penalties on the same person at the same time, one for a violation of Section 102 of the Austrian 1967 Motor Vehicles Act (Kraftfahrgesetz 1967, hereinafter KFG) as the driver and one for a violation of Section 103 of ...GER: Pharmacy Shop Opening Hours: Sunday Delivery Unlawful2025-04-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-pharmacy-shop-opening-hours-sunday-delivery-unlawful-1fc2f664/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that it is unlawful for pharmacies to circumvent German shop opening laws by using a delivery service. In the case at hand, a pharmacist had closed his pharmacy to the...Austrian OGH: Several Proceedings, One Insurance Payment2025-04-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-several-proceedings-one-insurance-payment-35c85ab6/If insured events are connected in time and causation, the sum insured is only payed out once. This has been clarified by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). In the case at hand, the plaintiff sought coverage under his...Austrian OGH on Apartment Furnishing-Categories2025-04-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-apartment-furnishing-categories-17157895/Tenants can have the original furnishing category of their apartment officially evaluated even after the legal three-year preclusion period as stated in Section 16 (8) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG) has expired. This...BGH: Insurer May not Unilaterally Lower Coverage2025-03-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bgh-insurer-may-not-unilaterally-lower-coverage-e755bc79/The German Supreme Court (Bundesgerichtshof, hereinafter BGH) court has determined that insurance companies providing daily allowance benefits cannot unilaterally lower the insured per-diem rate in the event of a decrease in the policyholder’s net in...ECJ Allows National Restrictions on Pharmaceutical Advertising2025-03-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-allows-national-restrictions-on-pharmaceutical-advertising-64750167/The European Court of Justice (ECJ) has ruled that Member States may, under certain conditions, allow or prohibit advertising for the purchase of prescription medicines. The case arose from a complaint by a Dutch mail-order pharmacy which offered var...Austrian OGH on Misleading Price Advertising2025-03-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-misleading-price-advertising-8e64b188/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was called upon to determine whether the defendant company’s practice of advertising smartphones as costing ‘EUR Zero’ was permissible, despite the fact that the ...Austrian OGH: Classification Changes of Co-Owned Properties2025-03-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-classification-changes-of-co-owned-properties-122bc6a3/A condominium owner who arbitrarily makes changes to the condominium without obtaining prior consent from the other owners and without the ruling of a judge in non-litigious procedure acts can be ordered in a litigious procedure to reverse the change...GER: Travel Agencies Must Inform about Transit Visas2025-03-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-travel-agencies-must-inform-about-transit-visas-1cb9031a/Online travel agencies must inform consumers about requirements for transit visas or other transit permits, the Higher Regional Court of the German city of Frankfurt am Main (Oberlandesgericht, hereinafter OLG) has ruled. If an online travel agent fa...Austrian OGH: Does Windstorm Insurance Cover Landslides?2025-03-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-does-windstorm-insurance-cover-landslides-42b4a42b/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) clarified which earth movements fall under the term ‘landslide’. In the case at hand, a homeowners insurance contract between the plaintiff and the defendant had been concluded, which...Austrian OGH on Price Reductions in Real Estate Purchases2025-03-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-price-reductions-in-real-estate-purchases-03f72688/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled on a claim for price reduction in a real estate transaction. In the case at hand, the plaintiffs had been the purchasers of the defendants’ basement premises in a 1915 building for the ...OGH: Part-Time Reintegration v. Continued Employment2025-03-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-part-time-reintegration-v-continued-employment-0f031193/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that an agreement to return to work on a part-time basis does not automatically constitute a continuing employment relationship as defined by Section 24(9) of the Austrian C...OGH on Securing Administrator Costs in Restructuring Proceedings2025-03-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-securing-administrator-costs-in-restructuring-proceedings-6fa30eca/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that paying or securing the costs of proceedings is a mandatory requirement for confirming a restructuring plan as part of insolvency proceedings. A mere deferral is...Austrian Supreme Court (OGH) on Irregular Easements2025-03-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-ogh-on-irregular-easements-ba1b6730/A servitutem usus (right of use) can be established as an irregular easement, as can a servitutem fructus (right of fruition), provided that it is also connected with a more advantageous or convenient use of a property owned by the beneficiary and th...GER: Negative Interest on Bank Deposits2025-03-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-negative-interest-on-bank-deposits-7169f157/In the past, customers at German banks had to pay interest for funds they kept in their bank accounts. Was this lawful? The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has now clarified in a landmark ruling: No, actually not....Austrian VwGH on Updating eNotification Addresses2025-03-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-vwgh-on-updating-enotification-addresses-e64ad3d9/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has dealt with the question of the legal consequences with regard to official notifications if an individual’s email addresses for electronic notifications are not updated i...VwGH: Unemployment Benefits Despite Marginal Employment2025-03-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-unemployment-benefits-despite-marginal-employment-d301078d/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on whether an employee who continued to work for another employer on a marginal basis in addition to a fully insured job that had been terminated was entitled to u...OGH on the Limits of Freedom of Expression2025-03-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-limits-of-freedom-of-expression-48e1093f/Satire presupposes that the audience can understand that the object of parody did not originate from the producer of the parodied work but is a product of the parodist’s freedom of opinion. In the case at hand, the plaintiff, an Austrian political pa...GER: Banks not Liable in Grandparent Scams2025-03-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-banks-not-liable-in-grandparent-scams-c2893a0f/In grandparent scams, banks are not liable. This has been decided by the Higher Regional Court of Nuremberg, Germany. Only if there is massive suspicion of a risk to customers’ assets are banks obliged to warn and inform them. In the case at hand, wi...ECJ: Banks May Lose Right to Costs for Bad Customer Information2025-03-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-banks-may-lose-right-to-costs-for-bad-customer-information-9b5d93e8/The European Court of Justice (ECJ) has ruled that banks can lose their right to contractually agreed interest and costs if they fail to meet their information obligations in consumer credit agreements. In the case at hand, a Polish consumer had assi...German BAG Rules on Payslip Format2025-02-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/german-bag-rules-on-payslip-format-b811e6e3/May payslips be made available to employees only digitally or must they be snail-mailed as well? The German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG) recently had to address this issue. In the case at hand, the plaintiff works as a...Passenger Rights: New Ruling on Flight Cancellations2025-02-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/passenger-rights-new-ruling-on-flight-cancellations-b07f489a/In a recent ruling, the Vienna Commercial Court (Handelsgericht Wien) strengthened passenger rights in case of flight cancellations. In the case at hand, at short notice, a couple’s flight was cancelled with the airline citing exceptional circumstanc...OGH: No Interim Injunction for Administrative Compensation Claims2025-02-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-interim-injunction-for-administrative-compensation-claims-e846eee8/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that an interim injunction cannot be granted if the claim at issue can only be the subject of an administrative procedure and no judicial enforcement order is available. In ...OGH: Failure to Disclose Relationship Forfeits Commission2025-02-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-failure-to-disclose-relationship-forfeits-commission-33eab295/In a recent ruling, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that estate agents lose their entitlement to a commission if they fail to disclose in writing and in good time any close family or business relat...Austrian OGH on Warranty and the Right of Retention2025-02-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-warranty-and-the-right-of-retention-cd92a899/Purchasers are entitled to choose any legal remedy provided by warranty if the seller does not raise a valid objection. In the case at hand, in April 2021, the plaintiff had purchased an office container from the defendant. Shortly after delivery, th...Austrian OGH on Dismissing Employees Unfit for Work2025-02-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-dismissing-employees-unfit-for-work-8f522be8/Pursuant to Section 42(2)(2) of the WrVBO 1995 (Wiener Vertragsbedienstetenordnung, Rules for contract staff in Vienna) an employer is entitled to dismiss an employee if the employee is unfit for work for health reasons. This is particularly the case...Austrian OGH Rules on Cartel Fines2025-02-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-rules-on-cartel-fines-af969bbb/In one of its most recent rulings, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruled on the amount of a fine to be imposed for the unauthorised implementation of a merger under the Austrian Competition Act. The purpose of such ...EU Competition Law: Collective Actions Are Allowed2025-02-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-competition-law-collective-actions-are-allowed-15c5f4c1/The European Court of Justice (ECJ) has ruled that national law must provide for a collective action to bring together the individual claims of victims of a cartel. National provisions that exclude collective actions for damages are contrary to EU la...GER: Pre-Surgery Written Briefing is Insufficient2025-02-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-pre-surgery-written-briefing-is-insufficient-d09f290d/Written information about a medical intervention is not sufficient, according to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH). The part of the information that is relevant for patients to make an informed decision has to b...Creditors Are Disadvantaged by Gratuitous Property Transfer2025-02-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/creditors-are-disadvantaged-by-gratuitous-property-transfer-9c5205b8/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that certain legal acts can be detrimental to creditors if any such acts reduce previously existing funds for the satisfaction of claims by increasing liabilities or...Austrian OHG on Capitalisation and Running Costs2025-02-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ohg-on-capitalisation-and-running-costs-0bd8fb2b/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...Austrian OGH on Insolvency Reorganisation Plans2025-01-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-insolvency-reorganisation-plans-df0462f3/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified important questions with regard to the conditions for the confirmation of reorganisation plans. In the case at hand, the creditors had accepted the debtor’s reorganisati...EU: New General Product Safety Regulation in Force2025-01-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-new-general-product-safety-regulation-in-force-0834952b/The new EU General Product Safety Regulation has come into force on 13 December 2024 and is a further development of the existing law on product safety. When products are offered on the Internet, new comprehensive information requirements will apply....Austrian OGH Ruling on Adding and Deducting Gifts2025-01-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-ruling-on-adding-and-deducting-gifts-448efdb0/In order to facilitate the provision of evidence, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruled in favour of compulsory heirs. In the case at hand, in 1997, the decedent, who eventually died in 2020, and his wife transferre...GER: BGH Ruling on Early Loan Repayment Penalties2025-01-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-ruling-on-early-loan-repayment-penalties-65d15f83/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled on the accuracy of information that must be provided when calculating early repayment penalties in consumer mortgage loan agreements. In the event of early re...Austrian OGH on Rent Increase2025-01-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-rent-increase-f312ea5e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the circumstances in which an increase in the ‘actual rent’ (in Austria: Hauptmietzins) due to an indexation clause is invalid. In the case at hand, the tenant plaintiff ...OGH: Trade Secrets Require Confidentiality Measures2025-01-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-trade-secrets-require-confidentiality-measures-b93a625b/The mere desire to keep something secret is not enough to assume that it is a secret requiring legal protection. Rather, there must be appropriate measures to maintain confidentiality on the part of the person in possession of the information. The pl...Another ECJ Ruling on Working Time Recording2025-01-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/another-ecj-ruling-on-working-time-recording-44488988/In a recent ruling, the European Court of Justice (ECJ) has decided that the obligation to record working time also applies to domestic workers. In the national case in question, a full-time domestic worker had challenged her dismissal before a Spani...Austrian OGH on Media Law: Defendant Must Be Named2025-01-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-media-law-defendant-must-be-named-1981ec1e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently dealt with the question of whether the name of defendants must be mentioned in reports, pursuant to Section 37 (1) of the Austrian Media Act (Mediengesetz, hereinafter Me...GER: Notary’s Liability in Compulsory-Portion Waiver2025-01-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-notary-s-liability-in-compulsory-portion-waiver-b0180948/In the case at hand, the waiver of a compulsory inheritance portion was not concluded by the testator in person, but instead by a representative who did not have a power of attorney. The German Federal Court of Justice (Bundesgerichtshof, hereinafter...EU Commission Proceedings – Can TikTok Win Elections?2025-01-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-commission-proceedings-can-tiktok-win-elections-4c40f0c3/Would Romania’s annulled presidential election have turned out differently without TikTok? The platform is under suspicion of being insufficiently active in the fight against foreign influence in elections. Therefore, the EU Commission has opened for...Austrian OGH on Regional Planning Contracts2025-01-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-regional-planning-contracts-cf5851e2/Compliance with regional planning contracts, in particular the right of proposal and consent, can be safeguarded, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified. In the case at hand, the plaintiff property developer ...Austrian OGH on Litigation Notices in Land Registers2025-01-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-ogh-on-litigation-notices-in-land-registers-fd4d5339/In Austria, the valid registration of a dispute in the land register under Section 61 of the GBG (Allgemeines Grundbuchsgesetz 1955, hereinafter GBG) has the effect that the judgment given in an ensuing action is also fully effective against those pe...OGH on Enforcing Smart Meter Installation2025-01-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-enforcing-smart-meter-installation-2a4cc5ad/Utility network companies are not allowed to threaten to disconnect a customer’s utilities if customers refuse to have a smart meter installed on their property. This was recently decided by the Austrian Supreme Court (Oberster Gerichtshof, hereinaft...EU: Interest Rate Derivatives Cartel – HSBC Fined2025-01-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-interest-rate-derivatives-cartel-hsbc-fined-8112e063/Euro interest rate derivatives: The European General Court (GC) has confirmed the EU Commission’s revised decision against HSBC, imposing a fine of EUR 31.7 million for participating in a euro interest rate derivatives cartel. Interest rate derivativ...GER: Constitutional Court on EncroChat Data as Evidence2025-01-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-constitutional-court-on-encrochat-data-as-evidence-66b38e58/This is the first time that the German Federal Constitutional Court (Bundesverfassungsgericht, hereinafter BVerfG) has been asked whether the use of EncroChat messages as evidence is constitutionally permissible. The case at hand was a constitutional...E-Scooter Accidents Aren’t Occupational Injuries2025-01-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/e-scooter-accidents-aren-t-occupational-injuries-f3a4f882/According to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), if an employee has an e-scooter accident on their way to work, the Austrian national accident insurance does not have to pay a disability pension. In February 2023, the ...CJEU: Union Citizens May Join Political Parties Abroad2024-12-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-union-citizens-may-join-political-parties-abroad-79866ae9/EU Citizenship: The European Court of Justice has ruled that denying EU citizens the right to become members of a political party when they reside in a Member State of which they are not nationals is contrary to EU law. In imposing such a condition o...GER: Banking Fees – Silence Doesn’t Imply Consent2024-12-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-banking-fees-silence-doesn-t-imply-consent-612146d4/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) had to decide on a dispute about bank service fees which a customer wanted to recover from his bank. The reason was that he had not explicitly agreed to pay bank service fees. A...OGH on Property Disturbance by Water Runoff2024-12-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-property-disturbance-by-water-runoff-f484bf8c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the conditions under which a landowner is entitled to obtain an injunction to stop water from flowing across his property and when such runoff must be tolerated. In the ...OGH on Permissibility of Interest Escalating Clauses2024-12-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-permissibility-of-interest-escalating-clauses-73186061/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether a loan agreement is null and void on account of, among other things, an agreed interest escalation clause. In the case at hand, the plaintiff, a c...GER: Inheritance Tax – Tax-Free Allowance for Grandchildren2024-12-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-inheritance-tax-tax-free-allowance-for-grandchildren-4f99125e/If a grandchild inherits from their grandfather, can they claim the EUR 400,000 tax-free allowance available only to children? Yes, if the child’s grandfather's parent is no longer alive. But what if the parent simply renounced? In the case at hand, ...OGH on Advance Agreement on Matrimonial Homeownership2024-12-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-advance-agreement-on-matrimonial-homeownership-4d9aad57/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to clarify whether a prior agreement on the marital home was valid in the context of property settlement proceedings. The parties’ marriage, contracted in June 1990, was dissolved...VwGH: Disciplinary Penalty despite Previous Warning2024-12-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-disciplinary-penalty-despite-previous-warning-eb05abb7/The Austrian Supreme Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) had to decide whether the imposition of a disciplinary sanction on a civil servant who had previously received a warning under Section 109(2) of the 1979 Austrian Ci...OGH on Product Liability for Medical Devices2024-12-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-product-liability-for-medical-devices-db54d9bc/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide on the product liability of a sleep apnoea ventilator. The plaintiff had purchased a ventilator imported into the EEA by the defendant. After severa...CJEU on Victim Compensation2024-11-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-on-victim-compensation-c2ff1000/Victims of violent crime must be adequately compensated under European Union law. The European Court of Justice has ruled that the automatic exclusion of family members of a murder victim is not compatible with this requirement. Other aspects in addi...OGH on Official and State Liability for Illegal Online Gambling2024-11-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-official-and-state-liability-for-illegal-online-gambling-48412b60/An unlawful and culpable act of an official body in the execution of the law, which obliges the legal entity to pay compensation pursuant to Section 1 of the Official Liability Act (Amtshaftungsgesetz, hereinafter AHG), can also be an omission if the...GER: Passenger Rights – Precautionary Cancellations Allowed2024-11-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-passenger-rights-precautionary-cancellations-allowed-103ab323/The German Federal Court of Justice (Bundesgerichtshof, BGH) has ruled that airlines must be given some leeway in assessing what constitutes an appropriate measure in the event of extreme weather conditions. A causal link between an extraordinary cir...UrhG: Political Party used a drawing of ‘The Robber Hotzenplotz’2024-11-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/urhg-political-party-used-a-drawing-of-the-robber-hotzenplotz-a382fadd/The free use of a work presupposes that the work of another person is not taken over in an identical or modified form, not even as a model or working document, but only as a suggestion for one’s own work. The plaintiff publisher holds various rights ...GER: Burden of Proof for Damage to Hired Cars2024-11-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-burden-of-proof-for-damage-to-hired-cars-4d7b1af5/Who bears the burden of proof that a hired car was in an undamaged condition before it was taken over by the hirer? This question has been considered by the Regional Court of Muenster, Germany. In the case at hand, a customer had hired a Sprinter van...GDPR – Is it Allowed to Publish Workplace Email Addresses?2024-11-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/gdpr-is-it-allowed-to-publish-workplace-email-addresses-6fa7d565/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on whether the publication of school teachers’ official email addresses on the school website is in breach of the General Data Protection Regulation (GDPR). The ap...EU: Crédit Agricole and Credit Suisse Involved in Government Bond Cartel2024-11-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-credit-agricole-and-credit-suisse-involved-in-government-bond-cartel-c8490ebd/Crédit agricole and Credit Suisse have participated in an agreement to fix US dollar denominated sovereign and government bond prices. The fine imposed by the Commission in 2021 has now been confirmed by the European Court of Justice (CJEU). In 2018,...OGH on Standard Terms in Rental Contracts2024-11-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-standard-terms-in-rental-contracts-abc9fe7b/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...GER: Federal Court on Copyrightability of Drone Footage2024-11-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-federal-court-on-copyrightability-of-drone-footage-8903787c/If aerial photographs of works protected by copyright are taken with the aid of drones, they do not fall within the scope of the freedom to take panoramic photographs. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) confirmed...CJEU on Early Loan Repayment Fees2024-11-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-on-early-loan-repayment-fees-899a038f/The European Court of Justice has recently ruled on a claim for the partial reimbursement of the commission paid in the event of the early repayment of a mortgage loan. In the case at hand, a consumer had taken out a mortgage for a period of 360 mont...OGH on Photovoltaic Systems and Grid Access Fees2024-11-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-photovoltaic-systems-and-grid-access-fees-8bbef40d/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether a grid access fee must be paid when a power generation system is connected to an existing grid already in use by the customer. In the case at hand...May Official Submissions be Submitted by Email?2024-11-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/may-official-submissions-be-submitted-by-email-ccbe1654/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on the question of whether submissions must be sent to the specific email address provided by an authority on their website. In May 2023, in the case at hand, the ...CJEU: Ending FIFA Transfers Penalty Rule2024-11-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-ending-fifa-transfers-penalty-rule-f6ba401b/Some of FIFA’s rules on international transfers of professional footballers are in breach of EU law. This was recently decided by the European Court of Justice (CJEU), as the rules are an unnecessary restriction on the free movement of players and co...OGH on Notarisation of Dowries2024-11-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-notarisation-of-dowries-e7c4205e/In 1998, a ‘bridal gift’ had been promised to the bride at a Muslim wedding. According to the old version of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) this gift is to be understood as a dowry and, according to th...GER: Hospital Reform – What Will Change?2024-11-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-hospital-reform-what-will-change-810a7476/After two long years of negotiations, the German Coalition Government is poised to implement its hospital reform, aiming to reduce the number of hospitals and improve to quality. This will reduce financial pressure on hospitals, allowing them to incr...OGH on Notice Periods in Hospitality2024-11-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-notice-periods-in-hospitality-8398755e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has decided whether employees invoking the statutory notice period must prove the ineffectiveness of the shorter collective agreement notice period, or whether employers invoking the ...OGH Rules on Access to Deceased’s Guardianship Records2024-11-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-access-to-deceased-s-guardianship-records-8e9fd6c1/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the conditions under which access to a guardianship file and, in particular to the medical information of the records, must be granted. The applicant in the case at hand ...AI Literacy as a Key Skill in the Legal Domain: A Necessity for the Future2024-11-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ai-literacy-as-a-key-skill-in-the-legal-domain-a-necessity-for-the-future-4fa2bb37/With the increasing integration of artificial intelligence (AI) into the legal world and public administration, AI literacy is becoming an essential skill. AI literacy means not only mastering the use of tools, but also a sound understanding of algor...CJEU Limits Use of Meta Data2024-11-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-limits-use-of-meta-data-0c9ea2d8/The data minimisation principle requires personal data to be ‘adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed’, according to Article 5(1)(c) of the General Data Protection Regulation (GDPR)...OGH on Establishing Easements2024-11-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-establishing-easements-fcf25809/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the conditions under which an easement can be created in a property owned in common. In the case at hand, the plaintiff is the sole owner of property A, which she had ac...OGH: Patients’ Rights to Free Medical Records2024-11-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-patients-rights-to-free-medical-records-d2446018/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled: Patients have a legal right to a free first copy of their entire medical records. The defendant regional organisation is the operator of a hospital where the plaintiff had ...GER: New Mobility Data Act – Faster Travel Thanks to Better Data2024-11-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-new-mobility-data-act-faster-travel-thanks-to-better-data-ea34aea7/The German Mobility Data Act is designed to make it easier for people to plan their travel routes. Traffic data is a valuable source of information. It can be used to optimise timetables, calculate faster routes, or meet the demand for shared service...CJEU on Police Access to Mobile Phone Data2024-11-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-on-police-access-to-mobile-phone-data-d05e2ae2/The European Court of Justice has been asked to rule on the legality of police access to personal data stored on a mobile phone in the context of a criminal investigation. In the national case to be decided, the Austrian police had seized the mobile ...OGH: Ruling Request on EU Succession Regulation2024-10-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-ruling-request-on-eu-succession-regulation-e11b836c/The legal dispute about a claim to a care legacy is now before the European Court of Justice (ECJ). In the case at hand, the plaintiff is the former partner of the testator, who died in 2021 and had her habitual residence Austria until she passed awa...GER: BaFin Advises Checking Your Savings Plans2024-10-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bafin-advises-checking-your-savings-plans-d8f48aae/The Bundesanstalt für Finanzdienstleistungsaufsicht (German Federal Financial Supervisory Authority, hereinafter BaFIn) recommends that customers check their premium-linked savings agreements (‘Prämiensparvertrag’) for possible claims for back paymen...OGH: Notaries and Negligence2024-10-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-notaries-and-negligence-13c7eadf/The drafter of a contract must, within the limits of what is possible and reasonable, inform the parties to an agreement of legal and financial effects of and explain to them the risks involved, taking into account potential unfavourable economic dev...OGH: Ruling on Trespass-Fee Collecting Agencies2024-10-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-ruling-on-trespass-fee-collecting-agencies-5a4742e5/According to recent case law of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), the term ‘legal representative’ in Section 879(2)(2) of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB) is not limited...Insolvent Tour Operators: CJEU Strengthens Travellers’ Rights2024-10-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/insolvent-tour-operators-cjeu-strengthens-travellers-rights-8457d775/The Court of Justice of the European Union (CJEU) has clarified whether or not travellers are entitled to the reimbursement of payments already made to an insolvent tour operator if the claim for reimbursement arose before the opening of the insolven...OGH: Are Contingency Fees Allowed in Austria?2024-10-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-are-contingency-fees-allowed-in-austria-c03d9319/According to Section 879(2)(2) of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB), a contract is null and void if a legal advisor accepts a certain share of the amount awarded to the other party. This provision does not only apply...OGH Rules on Forfeited Holiday Leave2024-10-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-forfeited-holiday-leave-768ab103/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether the forfeiture of holiday leave due to incapacity for work due to illness is limited. In the case at hand, the plaintiff had been employed by the ...OGH on Interpreting Wills2024-10-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-interpreting-wills-eaf1b238/The testator’s actual intention when drawing up their will is decisive for interpreting the will, and this intention ought to be at least somewhat apparent from the wording of the will. In the case at hand, the deceased, who had died in 2022, left a ...ECJ on Misleading Price Discounts in Advertising Brochures2024-10-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-misleading-price-discounts-in-advertising-brochures-6a4bc077/The 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...GER: House Building – Does a Reduction Exclude Self-Remedy?2024-10-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-house-building-does-a-reduction-exclude-self-remedy-81a16b86/If something goes wrong in having a house built, customers have quite flexible rights in the event of defects. This has recently been decided by the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH). In 2012, a construction company...OGH on the Recovery of Severance Pay2024-10-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-recovery-of-severance-pay-9efd1f56/In the interest of legal certainty, Section 1486 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB) reduces the general 30-year limitation period to three years for certain claims, in particular those arising from dail...ECJ Fines Google EUR 2.5 Bil2024-10-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-fines-google-eur-2-5-bil-2b177e0d/Google has been found to have abused its dominant position. Therefore, the European Court of Justice (ECJ) has upheld the EUR 2.5 billion fine imposed on Google by the European Commission. In 2017, a record fine of EUR 2.4 billion had been imposed on...OGH Rules on Untimeliness in Partition Proceedings2024-10-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-untimeliness-in-partition-proceedings-d0878e79/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on whether a claim for maintenance of a residence under Section 97 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB) can preclude a partitio...GC Rules on Google AdSense Terms2024-10-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/gc-rules-on-google-adsense-terms-84194fc2/Google will not have to pay a fine after all. The Commission’s decision has been annulled by the General Court. The Commission had fined Google almost EUR 1.5 billion for including anti-competitive clauses in AdSense. Google has operated an advertisi...GER: Can Consumer Organisations Claim Refunds?2024-10-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-can-consumer-organisations-claim-refunds-9ad048de/Remaining credit on festival wristbands: The extent to which consumer organisations can demand direct reimbursement for consumers in the event of unfair commercial practices has recently been considered by the German Federal Court of Justice (Bundesg...OGH: Same Rules for E-Scooters and Bikes?2024-10-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-same-rules-for-e-scooters-and-bikes-9c761741/The answer to the question of who has the right of way and who has to stop at a traffic-light controlled intersection lies in Section 38 of the Austrian Road Traffic Act (Strassenverkehrsordnung, hereinafter StVO). In the case at hand, at a traffic-l...OGH: Is a One-star Rating Legally an Insult?2024-10-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-is-a-one-star-rating-legally-an-insult-8596174f/One-star ratings are purely subjective as well as unverifiable value judgements that can only be right or wrong based on the personal opinion of the person giving the rating and thus only reflect the obviously subjective view of that individual. In t...OGH: Copyright Restrictions for Video Publications2024-10-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-copyright-restrictions-for-video-publications-1170fd3d/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the commercial use of private videos by public broadcasters. The plaintiff is a freelance journalist and regularly documents public demonstrations with video and audio re...EU: Notarising Russian Purchase Agreements in Breach of Sanctions?2024-10-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-notarising-russian-purchase-agreements-in-breach-of-sanctions-b3d97acc/Notarising the purchase of real estate by an unlisted Russian company does not constitute a breach of the ‘Russia Sanctions’. The act of notarisation does not constitute a legal advisory service, according to the European Court of Justice (ECJ). A no...GER: Rashly Renouncing Your Inheritance – Tough Luck?2024-10-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-rashly-renouncing-your-inheritance-tough-luck-df6804e4/If you make a mistake and decide to renounce your inheritance early on, can you still inherit? The Frankfurt Higher Regional Court (Oberlandesgericht, hereinafter OLG) had to deal with this question. In the case at hand, the daughter had refused her ...OGH on Legality of ‘Chain Employment’ Contracts2024-09-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-legality-of-chain-employment-contracts-44d825a7/Fixed-term employment relationships (so-called chain employment contracts) are only lawful if the succession of individual employment contracts concluded for a fixed period of time is justified for individual cases by special social or economic reaso...OGH: Major Ruling on Rental Agreement Clauses (Part 11)2024-09-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-11-27a5fe08/Beginning on 19 July this year, in our newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. Today, we are featuring the eleve...EU: Android Auto Platform May Be Anti-Competitive2024-09-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-android-auto-platform-may-be-anti-competitive-42d2b11d/Google could potentially be under an obligation to grant third parties access to its Android Auto platform. According to Advocate General, Laila Medina, Google’s outright refusal to grant access to Android Auto may be in breach of antitrust rules. Go...CJEU on Merger Control and EU Commission Powers2024-09-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-on-merger-control-and-eu-commission-powers-578ff80a/In its latest ruling, the European Court of Justice (CJEU) addressed the EU Commission’s powers to control mergers. The case at hand is about the acquisition of Grail LLC, a US company active in the development of blood tests for the early detection ...GER: Can Individuals with Dementia Make Wills?2024-09-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-can-individuals-with-dementia-make-wills-bce7c903/Up to what degree of dementia is it still possible to make a valid last will and testament? This question was considered by the District Court of Frankenthal, Germany. The executor of the will of a deceased woman had brought an action in an expedited...OGH: Calculation of Compulsory Portion for Inherited Apartments2024-09-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-calculation-of-compulsory-portion-for-inherited-apartments-7d639c40/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of how to calculate the claim of other compulsory-portion beneficiaries in the case where a beneficiary who, as co-owner of the testator’s apartment, now ...GER: Less Paper, More Flexibility for the Criminal Justice System2024-09-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-less-paper-more-flexibility-for-the-criminal-justice-system-7b450fd5/The German justice system is becoming increasingly digital. Electronic communication is now to be made easier in the criminal justice system as well. Citizens will be able to file criminal complaints online or be part of proceedings via video confere...GER: No Appeal Success – Court to Provide Information2024-09-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-no-appeal-success-court-to-provide-information-fa20cef0/Can an appeal procedure be too fast? The German Federal Court of Justice (Bundesgerichtshof, BGH) had to deal with this question because a higher regional court had dismissed an appeal even before receiving the statement of grounds for appeal. The ca...OGH: Covid Bonus for Temp Agency Workers2024-09-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-covid-bonus-for-temp-agency-workers-f8e20107/The EU’s Temporary Agency Work Directive came into force on 5 December 2008, establishing the principle of equal treatment between temporary agency workers and employees of user companies. According to Art. 5(1) of the Directive, the basic working co...OGH: Major Ruling on Rental Agreement Clauses (Part 10)2024-09-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-10-7a6a8546/Beginning on 19 July this year, in our newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. Today, we are featuring the tenth...OGH: Continuation of Pay after Termination2024-09-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-continuation-of-pay-after-termination-80c852de/According to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), if an employee is ill when they leave the company, the employee retains their full entitlement to the unused portion of the continued salary paid in the current year. In...OGH on Child Maintenance after Separation2024-09-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-child-maintenance-after-separation-60aec457/What happens to child maintenance payments if the payer simply moves out of the household? The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently had to deal with this question. In the case at hand, the father moved out on 10 Sep...GER: Can an Address Sticker with an Arrow Symbol Constitute a Will?2024-09-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-can-an-address-sticker-with-an-arrow-symbol-constitute-a-will-2321666c/When are the requirements for the written form of a hand-written will properly complied with? According to the Higher Regional Court of Munich, this is not the case when a will consists of an address sticker on an envelope. In 2022, the testator died...GER: BGH on the Intelligibility of Insurance Contracts2024-09-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-the-intelligibility-of-insurance-contracts-db9dfa7a/In the event of an illness, insured persons have an interest in knowing exactly what is covered by their health insurance policy. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has now considered an exclusion clause in the g...OGH: Major Ruling on Rental Agreement Clauses (Part 9)2024-09-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-9-b1813c3a/In recent issues of the USANCEN newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the ninth pa...EU: ECJ to Transfer Jurisdiction to General Court2024-09-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-ecj-to-transfer-jurisdiction-to-general-court-3d3b38c5/The European Court of Justice (ECJ) is overburdened with work. For years, it has had to deal with numerous preliminary ruling requests. That is why, as of October, the General Court will take over responsibility for preliminary rulings in six specifi...OGH on Establishing Easements2024-09-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-establishing-easements-a66a8cb0/The title to an easement is, in principle, a contract that can be concluded not only by express agreement but also by an implied agreement within the meaning of Section 863 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ...OGH on Jurisdiction of Ordinary Courts in Arbitration Cases2024-09-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-jurisdiction-of-ordinary-courts-in-arbitration-cases-8d1c3b6b/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed, following the prevailing view in legal literature, that a claim for a declaratory judgment on the existence or non-existence of an arbitration agreement is inadmissible...OGH: Major Ruling on Rental Agreement Clauses (Part 8)2024-09-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-8-7fefc78a/In recent issues of the USANCEN newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the eighth p...GER: What Condition Can Buyers Reasonably Expect a Flat to Be in?2024-09-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-what-condition-can-buyers-reasonably-expect-a-flat-to-be-in-f5bab213/When buying a property, it can happen that defects become obvious only after the fact. But not every defect in the property that you buy is legally a defect. In one of its most recent rulings, the German Federal Court of Justice (Bundesgerichtshof, h...GER: Cutting back Greenery is Owners’ Responsibility2024-08-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-cutting-back-greenery-is-owners-responsibility-8e56a0e8/Country cycling is great, but it shouldn’t make people ‘see green’. If branches and shrubs from properties extend into cycleways, the owners are obliged to cut them back. In the case at hand, shrubs and branches on the plaintiff’s rural property over...OGH: Gaming Operators Can Claim Back Payouts2024-08-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-gaming-operators-can-claim-back-payouts-5c340a28/Whether a contract is null and void in absolute or relative terms depends on the purpose of the prohibition rule that was violated. The purpose of a prohibition enacted in the public interest requires absolute nullity within the meaning of Section 87...OGH: Major Ruling on Rental Agreement Clauses (Part 7)2024-08-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-7-1a18836d/In recent issues of the USANCEN newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are focussing on tenants’ ...OGH: Warranty Claim despite Common Mistake2024-08-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-warranty-claim-despite-common-mistake-d4120a81/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to clarify whether sellers are entitled to raise the objection of common mistake if buyers make use of their right pursuant to Section 932(4) of the Austrian Civil Code (Allgemein...EU: Unsuccessful Ryanair Action – AUA Loan Was Legal2024-08-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-unsuccessful-ryanair-action-aua-loan-was-legal-c4b39c47/Laudamotion and Ryanair have now definitively failed in their case brought before the European Court of Justice (hereinafter ECJ). In its latest decision, the ECJ ruled that the Covid-19 aid granted to Austrian Airlines by the Austrian government (an...OGH on Last Wills from Testators Who Are ‘Unable to Read’2024-08-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-last-wills-from-testators-who-are-unable-to-read-fd22ba67/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the conditions under which the special form of a last will and testament as described in Section 580(2) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ...OGH: Major Ruling on Rental Agreement Clauses (Part 6)2024-08-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-6-4d7dfef4/The first part of a rather extensive and practice-relevant ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the sixth part of the judge...GER: Property Pictures for Ads Require Tenant Permission2024-08-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-property-pictures-for-ads-require-tenant-permission-ea12f12c/An estate agent needs the consent of the property’s tenant(s) if the agent would like to use photos of the property for advertising purposes. Under the General Data Protection Regulation, such pictures are considered personal data. According to the G...ECJ: Travellers May Sue in Court of Their Domicile2024-08-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-travellers-may-sue-in-court-of-their-domicile-e33551e3/Consumers travelling abroad have the right to sue their tour operator in the courts of their place of residence, the European Court of Justice (hereinafter ECJ) has ruled. This applies even if the tour operators and the consumers live in the same Mem...OGH: Information and Clarification Rules for Collaterisation Agreements2024-08-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-information-and-clarification-rules-for-collaterisation-agreements-5961909d/Sections 25c and 25d of the Austrian Consumer Protection Act (Konsumenschutzgesetz, hereinafter KSchG) provide for protective provisions for co-debtors. The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on whether ...OGH on Supermarket Safety Requirements2024-08-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-supermarket-safety-requirements-ee1d9710/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has pointed out that it is not possible to demand the elimination of all risks and hazards when assessing whether a supermarket has fulfilled its duty to ensure public safety. The pla...OGH on ‘Conflicting' Works-Contracts2024-08-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-conflicting-works-contracts-4bf5494b/A contract for work and services (in Austria referred to as a Werkvertrag) is said to be ‘conflicting’ if a specific execution of the work is agreed upon, but due to certain circumstances the job is not performed suitably in fulfilling the (at least ...EU Competition Law: 14 Portuguese Banks Exchanged Information2024-08-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-competition-law-14-portuguese-banks-exchanged-information-9178dbe7/For more than 10 years, 14 Portuguese credit institutions have been exchanging information with each other. This could constitute a restriction of competition by object, according to a Portuguese national court. The case has been referred to the Euro...GER: Must Sports Betting Operators Refund Lost Stakes?2024-08-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-must-sports-betting-operators-refund-lost-stakes-6e8b91a4/Illegal sports betting: The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether the presumption of invalidity of betting contracts due to lack of a licence could infringe the freedom to provide services under EU la...OGH: Major Ruling on Rental Agreement Clauses (Part 5)2024-08-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-5-5f687e59/The first part of a rather extensive and practice-relevant clause ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the fifth part of th...EU: Insufficient Public Access to COVID-19 Vaccine Purchase Agreements2024-08-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-insufficient-public-access-to-covid-19-vaccine-purchase-agreements-7afafa74/The European Commission only partially disclosed its COVID-19 vaccine purchase agreements concluded with certain vaccine manufacturers. In particular, the provisions on compensation in these contracts as well as the declarations on the absence of con...Basel Committee Tightens Cryptoasset Standards2024-08-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/basel-committee-tightens-cryptoasset-standards-5b3e26f6/The Basel Committee on Banking Supervision has finalised targeted amendments to its standard on banks’ exposures to cryptoassets. The Committee, along with targeted amendments to its cryptoassets standard published in December 2022, has recently publ...GER: Legal Costs Should Not Only Fall on the Losing Side2024-08-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-legal-costs-should-not-only-fall-on-the-losing-side-21b2ff3c/A reform of the German Condominium Act will now cause that legal costs imposed on the losing condominium owners’ association in a declaratory action shall be considered to be administrative costs and are to be apportioned according to the general for...OGH: Major Ruling on Rental Agreement Clauses (Part 4)2024-08-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-4-f68524a8/The first part of a very extensive and practice-relevant clause decision of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter of 19 July 2024. This week, USANCEN devotes its attention to the fo...OGH: Does Section 74 NO Apply by Analogy to Judicial Wills?2024-08-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-does-section-74-no-apply-by-analogy-to-judicial-wills-a73e39be/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined whether a testator can demand the delivery of a will that has been approved by a court. In 2006, the plaintiff had deposited a testament in writing with the court of firs...OGH on Exclusion of Warranty for Used Cars2024-08-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-exclusion-of-warranty-for-used-cars-3787646c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified whether consumers who sell a second-hand car are also responsible for the roadworthiness and operational safety of the car. In 2019, the plaintiff bought a car over ten ...OGH: Major Ruling on Rental Agreement Clauses (Part 3)2024-08-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-3-d1cfd936/In recent issues of the USANCEN Newsletter we have been publishing excerpts of an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the third part...GER: Application for Reinstatement – No Success for Inconsistent Argumentation2024-08-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-application-for-reinstatement-no-success-for-inconsistent-argumentation-ab9ea3c6/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) was asked to decide on the admissibility of an application to reopen a case. If a plaintiff instructs their lawyer to file an application for reinstatement on the grounds that t...GC: ByteDance (TikTok) Fails for good2024-08-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/gc-bytedance-tiktok-fails-for-good-ed3a913d/Digital Markets Act (DMA): ByteDance remains a gatekeeper. The action for annulment brought by the operator of social network TikTok has finally failed before the General Court of the European Union. The DMA is an EU regulation that has the aim of en...CJEU: McDonald’s Loses Chicken BIG MAC Trade Mark2024-08-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cjeu-mcdonald-s-loses-chicken-big-mac-trade-mark-6e9314ae/The Court finds that McDonald's has not demonstrated genuine use for certain goods and services for an uninterrupted period of five years BIG MAC as an EU trade mark was registered in 1996 and belongs to McDonald’s. In 2017, Supermac’s, an Irish fast...GER: Can Time-Barred Claims for Damages Be Offset against the Deposit?2024-07-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-can-time-barred-claims-for-damages-be-offset-against-the-deposit-409bb39d/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) had to decide whether a landlord’s time-barred claims for damages could be offset against the tenant’s claim for repayment of the deposit. In principle, a claim for damage to re...GER: Bundestag Poised to Introduce Commercial Courts2024-07-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bundestag-poised-to-introduce-commercial-courts-d1344228/The German Bundestag (federal parliament) has passed a bill that will allow German federal states to set up commercial courts. These courts will be able to hear first-instance commercial cases with a value of EUR 1 million or more, provided that the ...ECJ on Collective Redundancies When Company Owners Retire2024-07-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-collective-redundancies-when-company-owners-retire-1e35230e/The owner of a company went into retirement, leading to collective redundancies. Under Directive 98/59/EC, business owners have an obligation to notify the competent public authorities as well as workers’ representatives of planned collective redunda...OGH: Property Managers Not Liable for Lost Rental Income2024-07-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-property-managers-not-liable-for-lost-rental-income-4405fe1c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that property managers are not liable to apartment owners for loss of rental income if the latter are unable to rent out the apartment as a result of water damage to the apa...OGH: Major Ruling on Rental Agreement Clauses (Part 2)2024-07-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-2-33608b05/In the last issue of the USANCEN Newsletter we published the first part of an extensive decision of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the second part of...OGH: All Flavour, No Fruit in Misleading Juice Ad2024-07-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-all-flavour-no-fruit-in-misleading-juice-ad-2419b104/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that using flavouring in soft drinks is misleading if consumers would expect real fruit juice judging from the packaging. The defendants manufacture and market a sof...OGH: Major Ruling on Rental Agreement Clauses (Part 1)2024-07-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-major-ruling-on-rental-agreement-clauses-part-1-72a73621/The Austrian Chamber of Labour has taken a commercial landlord to court on the grounds claiming that no fewer than 44 (!) clauses in their rental agreements were unlawful. Many of these clauses were now declared invalid by the Austrian Supreme Court ...ECJ: Can ‘Floor Clauses’ Be Challenged by Collective Action?2024-07-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-can-floor-clauses-be-challenged-by-collective-action-4f97cd7c/Minimum interest clauses (‘floor clauses`) can be fully reviewed by means of a class action, the European Court of Justice (ECJ) has stated in a preliminary ruling requested by a Spanish court. A Spanish consumer protection organisation has filed a c...GER: Online Retailing – Smartphones with Free Gifts2024-07-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-online-retailing-smartphones-with-free-gifts-6198141a/In online retailing, a purchase contract for the main product is deemed to have been concluded when the seller sends a free gift together with the main product order by the customer. This has been decided by the Higher Regional Court of Frankfurt am ...GER: Bundesgerichtshof on Cancellation of Insurance Contracts2024-07-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bundesgerichtshof-on-cancellation-of-insurance-contracts-b0770cc1/Consumers do not have the right to cancel insurance contracts concluded away from business premises. According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), there is no obligation for Germany under EU law to provide for...GER: Online ‘Order Buttons’ Must Show all Charges2024-07-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-online-order-buttons-must-show-all-charges-134481f4/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled on online order-buttons: In online sales, consumers must be able to see on the screen where the order button is located which services they have to pay for. A woman ha...OGH: Multistage Action Permissible in Void Gaming Contracts2024-07-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-multistage-action-permissible-in-void-gaming-contracts-b1aaa979/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that providers of illegal online gaming services can be obliged to provide certain information. Whether or not the request for information is justified depends, amon...ECJ: More Time for Pregnant Employees to Challenge Dismissal2024-07-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-more-time-for-pregnant-employees-to-challenge-dismissal-2972680e/The European Court of Justice (ECJ) has been asked to rule on the time frame pregnant women have to contest being dismissed, in order to comply with the EU Directive on pregnant workers (Directive 92/85/EEC). The plaintiff had been employed by the de...OGH: Benefits Claim Takes Priority over Declaratory Relief2024-07-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-benefits-claim-takes-priority-over-declaratory-relief-1c5b147d/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) as clarified that a claim for declaratory relief regarding a different agreement in a unit-linked life insurance policy is not permissible if the repayment of premiums could already h...OGH Rules on Photograph Copyrights2024-07-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-photograph-copyrights-74a62d83/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on whether ‘simple’ photographs also benefit from copyright law. The plaintiff was the author of an article for a commemorative publication, in which he had include...OGH: Ticket Agent Service Fee Is Legal2024-07-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-ticket-agent-service-fee-is-legal-0b27f6aa/In the case at hand, the plaintiff, an organisation legally entitled to sue, challenged the following two clauses in the general terms and conditions of the defendant ticket agent. The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ru...ECJ: Damages for Suspected Data Misuse?2024-07-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-damages-for-suspected-data-misuse-db4cd045/Strengthening the rights of consumers, the European Court of Justice (ECJ) has once again ruled on non-material damage under the General Data Protection Regulation (GDPR). The plaintiffs in the original case were clients of a tax advisory firm and ha...OGH: Preliminary Ruling on Air Traffic Control Services2024-07-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-preliminary-ruling-on-air-traffic-control-services-7537ed2e/The European Court of Justice (ECJ) will soon hear a case between a plaintiff airline and the defendant Republic of Austria concerning claims for damages against the State. The plaintiff is an airline based at Vienna International Airport and uses th...OGH on the Issuance of Arrears Certificates2024-07-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-issuance-of-arrears-certificates-d8dde391/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has emphasised that a court must examine whether a creditor has the right to issue certificates of arrears in respect of the claim which is the subject of the respective proceedings. ...OGH on Insurance Interest: Watch What You Claim!2024-06-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-insurance-interest-watch-what-you-claim-61233661/Subsequent invalidity of contractual clauses is precluded by withdrawal from a contract. This was clarified by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) in connection with a consumer’s late withdrawal from a life insurance po...OGH on the Purpose of Data Protection Laws2024-06-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-purpose-of-data-protection-laws-5c36893d/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the protective purpose of the Data Protection Act does not extend to the right to claim damages from the responsible party for a justified refusal to pay an insuran...OGH on Bus Drivers’ Night Pay2024-06-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-bus-drivers-night-pay-fc5fe65d/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that bus drivers have a right to a night work bonus even if their night work is less than one hour. The plaintiff was in employment with the defendant as a bus driver for 20...Binding Force of Refugee Status: ECJ Ruling2024-06-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/binding-force-of-refugee-status-ecj-ruling-090c376d/The European Court of Justice (ECJ) has recently ruled: Refugee status as granted by another EU country cannot be ignored. However, according to the ECJ, a Member State is not obliged to automatically recognise a refugee status granted by another Mem...OGH: Is an Inheritance of an Estate under Probate Valid?2024-06-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-is-an-inheritance-of-an-estate-under-probate-valid-c08353dc/In the case of succession in possession, the old and the new owner agree that the property of the acquirer will be transferred to another person, the successor in possession, when a condition is fulfilled, or that there is at least an obligation to t...New Austrian Bill on Group Action Claims2024-06-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-austrian-bill-on-group-action-claims-a2ccbbaf/The Austrian Federal Ministry of Justice has presented the government bill draft for the implementation of the long overdue Group Actions Directive (Verbandsklage-Richtlinie). A new Qualified Entities Act (Qualifizierte-Einrichtungen-Gesetz, hereinaf...OGH: Joint and Several Liability of Online Shitstorm Posters2024-06-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-joint-and-several-liability-of-online-shitstorm-posters-ede31aec/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that those participating in an online shitstorm can expect to have to pay compensation for the whole of the damage caused. In the case at hand, the plaintiff is a po...OGH: No Commission despite Successful Brokerage?2024-06-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-commission-despite-successful-brokerage-2e37fe9a/In order for a broker to be entitled to a commission, the transaction to be brokered must have come about as a result of the broker’s contractual activity, or at least a transaction of the same value as the one to be brokered under the contract must ...ECJ: Order Buttons Must Indicate Payment Obligation2024-06-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-order-buttons-must-indicate-payment-obligation-6aa89a19/Order buttons must be absolutely clear in their function. According to the European Court of Justice (ECJ), this means that an order button must indicate that by clicking it, a payment obligation is being created. In the case at hand, a Berlin-based ...GER: Insurance Law and Fit Lifestyle Rebates2024-06-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-insurance-law-and-fit-lifestyle-rebates-52bee0fe/If you have a healthy lifestyle and keep fit you'll be rewarded with lower premiums, a German insurance company promised potential policyholders. However, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled tha...OGH: Cost-of-Living Allowance and Insolvency2024-06-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-cost-of-living-allowance-and-insolvency-d644c391/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the tax-free cost-of-living allowance (‘Teuerungsprämie’, Austrian Inflation Relief Package, see Federal Law Gazette I 2022/93) constitutes remuneration and is prot...OGH: Signature Required for Training Reimbursement Agreement2024-06-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-signature-required-for-training-reimbursement-agreement-00f53986/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has explicitly clarified that an agreement to reimburse training costs according to Section 2d of the Austrian Employment Contract Law Amendment Act (Arbeitsvertragsrechts-Anpassungsg...OGH: Unworthiness to Inherit for Having Caused Mental Suffering2024-06-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-unworthiness-to-inherit-for-having-caused-mental-suffering-0c253904/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has considered the question of disqualification from inheritance on the grounds of having inflicted the deceased severe mental suffering (Section 541(2) of the Austrian Civil Code, Allgemeines bü...DE: ‘Inflation Bonus’ Is Garnishable2024-06-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-inflation-bonus-is-garnishable-839343a9/The inflation adjustment bonus (hereinafter referred to as inflation bonus) paid by employers is income from employment and as such is garnishable, according to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH). In the present ...OGH: When May a Termination Be Declared?2024-06-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-when-may-a-termination-be-declared-40a5b449/The condition of being unworthy of trust within the meaning of Section 27(1)(3) of the Austrian Employee Act (Angestelltengesetz, hereinafter AngG) is met if an employee’s behaviour has shaken the employer’s trust to such an extent that the employer ...OGH on Warranty Exclusion in Used Car Sales2024-06-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-warranty-exclusion-in-used-car-sales-a434a1c8/Signs of wear and tear in accordance with the age and mileage of a vehicle must be expected by the buyer of a used car. Nevertheless, the vehicle should be in a condition which the market would normally expect. In 2021, the defendant offered his car ...Austria: Now Higher Reimbursements in Criminal Cases2024-06-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-now-higher-reimbursements-in-criminal-cases-b3e83d90/After years of urgent demands, the lump sums in the event of a not-guilty verdict have been significantly increased and, in some cases, can be exceeded. Compensation will also be introduced in the event of a case being dropped. The Austrian governmen...OGH: Lawyers’ Liability for Corporate Administrative Fines2024-06-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-lawyers-liability-for-corporate-administrative-fines-88a24860/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has indicated that, in certain circumstances, a client may be entitled to seek reimbursement from their lawyer for a fine imposed on the client if they were given incorrect advice. In...OGH on Remuneration under Copyright Law2024-06-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-remuneration-under-copyright-law-884a060e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified whether the picture fees of the Austrian Photographers’ Guild can be used for the determination of reasonable remuneration under Section 86 of the Austrian Copyright Act...ECJ on Airport Understaffing and Compensation Payments2024-05-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-airport-understaffing-and-compensation-payments-286f63a1/The European Court of Justice (ECJ) has ruled that an airline is not obliged to pay compensation if it delays loading baggage because of staff shortages. It all began with a Touristic Aviation Services Ltd. (Corendon Airlines Europe) flight from Colo...New Austrian Teleworking Act Underway2024-05-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-austrian-teleworking-act-underway-b853c18d/A new teleworking law has been initiated and a draft submitted for review by the Austrian Federal Ministry of Labour and Economics. Among other things, it will amend the Employment Contract Amendment Act (Arbeitsvertragsrechts-Anpassungsgesetz, herei...OGH: Managing Directors Close Relatives under Insolvency Law2024-05-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-managing-directors-close-relatives-under-insolvency-law-9f6ed447/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that a debtor’s de facto managing director is ‘a member of the management or supervisory board’ within the meaning of Section 32(2)1 of the Austrian Bankruptcy Act (Insolven...ECJ: Time Limits for Consumer Debt Repayment2024-05-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-time-limits-for-consumer-debt-repayment-20f6ce12/The start of the limitation period for consumers’ claims for repayment of money owed to them under unfair contract terms has been ruled on by the European Court of Justice (ECJ). The case at hand arose out of a mortgage contract that the plaintiffs h...OGH on the Protective Purpose of ‘No-Overtaking’2024-05-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-protective-purpose-of-no-overtaking-5a2091f4/In order for there to be contributory negligence as a result of a breach of a protective rule, the breach of the rule must have the purpose of preventing a harmful event. It is therefore necessary that contributory negligence was involved. The plaint...OGH: Service by Notice Board only after Other Attempts2024-05-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-service-by-notice-board-only-after-other-attempts-94171fc4/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the requirements for service of an action by publication in the Ediktsdatei* notice board under Section 92 of the Austrian Code of Civil Procedure (Zivilprozessordnung, ...OGH: Serial Claims Clause in Professional Liability Insurances2024-05-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-serial-claims-clause-in-professional-liability-insurances-1e02f759/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that a Chartered Public Accountant’s excess liability insurance cannot invalidate a serial claims clause agreed between the accountant and their basic insurance. The plainti...EU: Booking.com Now Gatekeeper2024-05-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-booking-com-now-gatekeeper-283330f8/Booking.com is now a gatekeeper for online bookings. This is based on the Digital Markets Act (DMA) and was recently decided by the EU Commission. Booking.com has thus been added the list of the most important platform services. Within the next six m...OGH: Do Crimes within the Family Disqualify from Inheriting?2024-05-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-do-crimes-within-the-family-disqualify-from-inheriting-476d5a2c/In the present case, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with Section 166 of the Austrian Criminal Code (Strafgesetzbuch, hereinafter StGB) and Section 539 of the Austrian General Civil Code (Allgemeines Bürgerlic...Dog Injures Trainer: When the G&Ts ‘Bite’2024-05-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/dog-injures-trainer-when-the-g-ts-bite-27cd24c0/Unusual provisions in general terms and conditions do not become part of the contract if they are unfavourable to the other party and could not have been expected under the circumstances, according to Section 864a of the Austrian Civil Code (Allgemei...OGH Rules on Value Protection Clause in Residential Leases2024-05-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-value-protection-clause-in-residential-leases-d6502cb9/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the following value protection clause is invalid: ‘Value is currently safeguarded in accordance with the Consumer Price Index 2015 (CPI 2015), which is published monthl...ECJ: Can Foreign EncroChat Data Be Used in Court?2024-05-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-can-foreign-encrochat-data-be-used-in-court-e8ab6185/Decrypting EncroChat was a major step taken by security services to fight organised crime. But the question now is: Under what conditions can EncroChat data be transmitted or used in criminal proceedings that cross national borders? EncroChat is an e...GER: Unintended Trip Cancellation – 5 Wrong Clicks Is Unrealistic2024-05-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-unintended-trip-cancellation-5-wrong-clicks-is-unrealistic-4206e9a4/Based on the general experience of life, it can happen that individuals accidentally click on something once that does not correspond to what they really intended to do. However, when cancelling a trip by means of a procedure involving a total of fiv...OGH: No Price Change Notifications for Floating Rate Plans2024-05-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-price-change-notifications-for-floating-rate-plans-a3a34f44/Energy suppliers are not obliged to inform customers in advance of changes to flexibly calculated gas prices in floating rate plans, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled. Since 2009, the claimant and the defend...OGH: Ineffective Clause in Rental Contracts2024-05-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-ineffective-clause-in-rental-contracts-afc27c64/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has declared the following clause in tenancy agreements invalid: ‘Any electrical appliances (electric cooker, cooker hood, dishwasher, refrigerator/freezer) must be returned to the la...OGH: Sexual Harassment Justifies Immediate Dismissal2024-05-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-sexual-harassment-justifies-immediate-dismissal-e6fcce64/An employee can be dismissed without prior warning if they engage in verbal sexual harassment, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled. The plaintiff is a disabled person within the scope of the Austrian Disabled ...OGH on Rent Increase for Maintenance Work2024-05-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-rent-increase-for-maintenance-work-2b4d2d1c/According to Section 3(2) no. 1 or no. 5 of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG), insulating the roof may, in principle, constitute maintenance work. Accordingly, if there is a shortfall in coverage, an increase in principal r...GER: BGH Ruling on Vintage Car Warranty2024-05-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-ruling-on-vintage-car-warranty-ddc95528/Even when a warranty is fully excluded, the seller remains responsible for maintaining the agreed-upon quality. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that a seller of a vintage car cannot advertise the veh...ECJ on the Loss of EU Citizenship2024-05-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-the-loss-of-eu-citizenship-f3ef1f8a/In its latest ruling, the European Court of Justice (ECJ) has ruled that EU law does not in principle preclude the automatic loss of German citizenship when a person regains citizenship of a third country. However, a case-by-case assessment of the co...Stability and Growth Pact: New Rules for EU Debt2024-05-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/stability-and-growth-pact-new-rules-for-eu-debt-fc41018b/New rules for member states’ public debt and budget deficits: The EU Council of Ministers has finalised a reform of the Stability and Growth Pact (SGP). The following article briefly discusses what’s included in the reform and the new rules governing...OGH on Limitation Periods under Collective Agreements2024-05-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-limitation-periods-under-collective-agreements-ec16b0a8/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the limitation periods under collective agreements also apply to the statutory right to the transmission of work records under Section 26(8) of the Austrian Working...OGH on the Applicability of the Inheritance Act2024-05-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-applicability-of-the-inheritance-act-4e423f1f/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the analogous applicability of the Austrian Inheritance Act (Anerbengesetz; hereinafter AnerbenG) in favour of persons who do not belong to the group of legal heirs. The ...EU: Legislation Prohibiting Goods Produced through Forced Labor2024-05-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-legislation-prohibiting-goods-produced-through-forced-labor-caddf93f/There will be no more products from forced labor in the EU. Recent legislation, which has been approved by the European Parliament, will allow the EU to implement a ban on the sale, import, and export of goods produced through the exploitation of for...GER: Architects' Liability for Faulty Advice on Energy Subsidies2024-05-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-architects-liability-for-faulty-advice-on-energy-subsidies-eff65522/If an architect advises their clients on how to renovate a building to make it more energy-efficient, and the architect not only provides information concerning technical aspects but also with a view to obtaining subsidies, the architect is liable fo...OGH on Accident Insurance Coverage for Pre-existing Conditions2024-05-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-accident-insurance-coverage-for-pre-existing-conditions-d2e3daae/Pre-existing illnesses and infirmities lead to reduced benefits in the event of insured accident injuries. The applicant in the case at hand suffers from atypical Parkinson’s disease. This is a neurodegenerative disease that can lead to an increased ...GER: BFH Rules on Second-Residence Taxes for Dual Households2024-04-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bfh-rules-on-second-residence-taxes-for-dual-households-245c09a3/The German Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH) has ruled that in the case of dual households, second-residence taxes cannot be filed as deductible expenses. Rather, they form part of the costs of using a residence and are directly...OGH: COVID-19 Rent Reduction for Swingers Clubs2024-04-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-covid-19-rent-reduction-for-swingers-clubs-b78bd8c9/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that, due to the obligation to wear FFP-2 masks, it was not possible to use a property in accordance with its agreed contractual purpose of operating a swingers club and...EU: MEPs Approve the New Migration and Asylum Pact2024-04-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-meps-approve-the-new-migration-and-asylum-pact-d5e0013b/The European Parliament has recently had a go at its new migration and asylum pact. The main aim is to reduce the burden on local authorities. Faster processing of asylum applications and swifter return procedures to the countries of origin is the ma...OGH on the Abuse of Divorce Rights2024-04-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-abuse-of-divorce-rights-cc058aae/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether a repeated marriage and divorce from the same spouse constitutes an abuse of rights. Among other things, the exercise of a right is considered to ...OGH on Ski-Slope Operators’ Safety Obligations2024-04-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-ski-slope-operators-safety-obligations-8a0a0d7f/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that ski run operators must protect customers against atypical dangers. These include obstacles that are not easily recognisable by skiers or that are difficult to avoid, ev...OGH on Redemption of First Refusal2024-04-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-redemption-of-first-refusal-b570dc44/A redemption offer must provide the holder of the right of first refusal with at least a minimum of information necessary to decide whether to exercise this right, according to the case law of the Austrian Supreme Court (Oberster Gerichtshof, hereina...ECJ Ruling on Reimbursement for Cancelled Flights2024-04-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-ruling-on-reimbursement-for-cancelled-flights-1b73f758/The European Court of Justice (hereinafter ECJ) has recently ruled on the question of if a passenger who has already received a voucher for the cost of an air ticket due to a cancelled flight can still claim a financial refund. A passenger had a book...OGH: Limitation Periods for Revocation of Prenup-Like Gifting2024-04-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-limitation-periods-for-revocation-of-prenup-like-gifting-6735bed6/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the right to revoke a gift made with a view to a future marriage (prenup-like gifting) after divorce is time-barred after 30 years. The dispute in the case at hand conc...EU: Amazon Loses Legal Challenge of DSA Regulations2024-04-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-amazon-loses-legal-challenge-of-dsa-regulations-e51d2483/Amazon is required to make a public ad repository publicly available online. The US online retailer recently lost its case before the European Court of Justice (hereinafter ECJ). Amazon Services Europe is part of the Amazon Group. Its business activi...BGH: Managers’ Personal Data in Commercial Registers2024-04-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bgh-managers-personal-data-in-commercial-registers-1eaa7c25/According to the German Federal Court of Justice (Bundesgerichthof, hereinafter BGH), listing personal data of managing directors in the commercial register must be tolerated. Neither under national law nor under the GDPR is there a right to data del...GER: Condo Owners’ Revamp Costs Only for Beneficiaries?2024-04-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-condo-owners-revamp-costs-only-for-beneficiaries-daebb24b/Under what conditions can any costs for renovation work done on a common property be charged only to the individual owners who benefit from the renovation work? This has been the subject of a recent ruling by the German Federal Court of Justice (Bund...OGH: Avoidability Based on Mistake after Purchase of Damaged Car2024-04-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-avoidability-based-on-mistake-after-purchase-of-damaged-car-75307869/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the avoidability of a purchase contract based a breach of the duty of information. The scope of the duty to inform depends on the subject of the contract and a buyer’s p...OGH: Pupil Injured during After-School Care – Who Is Liable?2024-04-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-pupil-injured-during-after-school-care-who-is-liable-15d054a4/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has dealt with the liability privilege mentioned in Sections 333 ff of the Austrian General Social Security Act (Allgemeines Sozialversicherungsgesetz, hereinafter ASVG). Only if the ...OGH: New Ruling on Loan Handling Fees2024-04-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-new-ruling-on-loan-handling-fees-e83a6d30/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...Austrian Court on Reimbursement of Representatives’ Costs2024-04-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-court-on-reimbursement-of-representatives-costs-fc83e832/The Oberlandesgericht (Higher Regional Court) of the Austrian city of Graz has dealt with an appointed representative’s claims for reimbursement of costs. Even if an appointed representative is a lawyer themself, they may be represented by another la...OGH: Is It a Business Trip?2024-04-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-is-it-a-business-trip-0bdb166b/A per diem allowance is a lump sum payment intended to cover the financial expenses incurred by employees as a result of having to spend the day away from home. The plaintiff was employed by the defendant as a fitter. On Mondays, the plaintiff worked...ECJ: Fingerprints on ID Cards Are Legal2024-04-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-fingerprints-on-id-cards-are-legal-a322c083/Fingerprints can continue to be included on ID cards. This has been decided by the European Court of Justice (hereinafter ECJ). The encroachment on fundamental rights is justified. In 2021, a man applied to the German city of Wiesbaden for a new ID c...GER: BGH on Penalty Clauses in Unit-Price Contracts2024-04-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-penalty-clauses-in-unit-price-contracts-fc80fb9f/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that penalty clauses in construction contracts are generally permissible up to an amount of 5 percent. However, the amount must not be made in relationship to the orde...GER: No Income Tax Liability on Loan Cancellations2024-04-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-no-income-tax-liability-on-loan-cancellations-e9810b47/According to the German Federal Finance Court (Bundesfinanzhof, hereinafter BFH), receiving compensation for a consumer loan agreement after its cancellation does not trigger income tax. The couple in the case at hand had taken out a loan in 2008 to ...OGH on the Formality of Gift Agreements2024-03-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-formality-of-gift-agreements-4729d511/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has given a ruling on the formal validity of so-called ‘mixed gift’ agreements. According to Section 943 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter A...OGH on Walls and Easements2024-03-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-walls-and-easements-d828cc02/Any co-owner can defend themself against unlawful interference with their property by filing a lawsuit for freedom of property ownership. The prerequisite for this is that the interfering party is acting on their own authority. Since 2016, the plaint...OGH: Withdrawal from Distance Purchases2024-03-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-withdrawal-from-distance-purchases-8a3d67cd/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified when the right of withdrawal under Section 11f of the Austrian Distance Selling and Foreign Trade Act (Fernabsatz- und Auswärtsgeschäftegesetz, hereinafter FAGG) is cons...EU Law to Better Protect Journalists2024-03-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-law-to-better-protect-journalists-0aac54cb/The European Parliament wants to give journalists and human rights defenders better protection against strategic lawsuits designed to silence them. This is to be implemented by means of the so-called Anti-SLAPP Directive, where SLAPP stands for ‘stra...GER: DIE PARTEI’s Motion against Election Threshold Fails2024-03-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-die-partei-s-motion-against-election-threshold-fails-d2b238a4/The German Federal Constitutional Court (Bundesverfassungsgericht, hereinafter BVerfG) has been approached by Die PARTEI (Party for Labour, Rule of Law, Animal Protection, Promotion of Elites and Grassroot-Democratic Initiative[1]), which is challeng...GER: BGH on Creditors’ Unfavourable Intentions2024-03-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-creditors-unfavourable-intentions-7dcd8f56/A creditor’s mere hope that their debtor will be able to pay all open debts in the near future is not sufficient to prove the opposite of the debtor’s presumed intention to disadvantage the creditor, according to the German Federal Court of Justice (...Austria: New Rules for Tree Owners2024-03-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-new-rules-for-tree-owners-c948b84b/The Austrian Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) wants to put tree owners’ liability on a new footing and has recently prepared a ministerial draft which has now been submitted to the Austrian parliament. Until now, the Au...Trespass: Demand Letters from Lawyers Only2024-03-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/trespass-demand-letters-from-lawyers-only-13c7e329/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that businesses commercially assisting their clients in making out-of-court claims for trespassing constitutes an unjustified interference with lawyers’ right to represent c...GER: Apparent Legality of Sacked Managers2024-03-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-apparent-legality-of-sacked-managers-b5718d25/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled: As long as a managing director is registered in the commercial register it’s safe to assume that the manager’s power to represent a company is valid. Anything to the ...ECJ: Access to Harmonised Standards for All2024-03-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-access-to-harmonised-standards-for-all-b4fd6a70/A recent European Court of Justice (ECJ) ruling has caused uncertainty. EU standards, which define how products should work, fall under EU law. Therefore, they must be freely and publicly available to EU citizens. The implications of the ruling could...OGH: Deductions for Working too Fast?2024-03-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-deductions-for-working-too-fast-b0892388/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided the following clarification: Employers are liable for lost working time caused by an employee working too fast if the employee’s working time is contractually limited to ...OGH: Safety Requirements for Ropes Courses2024-03-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-safety-requirements-for-ropes-courses-b2db5158/The scope and strictness of safety requirements depend primarily on how well users can identify and counteract potential hazards. The plaintiff was a visitor to the defendant’s high ropes course. Before using the course, all visitors are required to ...ECJ Considers Immaterial Damages under GDPR2024-03-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-considers-immaterial-damages-under-gdpr-9cd03383/Article 82 of the GDPR is not punitive, but compensatory. Compensation in money should be a full compensation for the actual damage suffered. The plaintiff was the purchaser of an electrical household appliance in the defendant’s store. The plaintiff...OGH: Misleading Data Transmission Speed Adverts2024-03-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-misleading-data-transmission-speed-adverts-2d5cfb15/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with an internet service provider advertising maximum data transmission speed that was, in reality, far from the actual speed. On the defendant’s website, t...OGH: Is Section 1159 ABGB Unconstitutional?2024-03-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-is-section-1159-abgb-unconstitutional-7072735e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has asked the Austrian Constitutional Court (Verfassungsgerichshof, VfGH) to declare unconstitutional the new termination provisions of Section 1159(1) to (4) of the Austrian Civil Co...OGH: Landlords Must also Maintain Radiators2024-03-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-landlords-must-also-maintain-radiators-6de6be1f/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that landlords’ recently stipulated new obligation to maintain ‘heating installations’ under Section 3(2)(2a) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter ...GER: More Funding for New Climate-Friendly Housing2024-03-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-more-funding-for-new-climate-friendly-housing-37c0b9ba/The funding programmes of the German Federal Housing Ministry are finally back on track. Starting date is 22 February 2024. The German federal government’s funding programmes came to an abrupt end in December 2023 when the funding volume was complete...TikTok Remains Gatekeeper – Appeal against EU Fails2024-03-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/tiktok-remains-gatekeeper-appeal-against-eu-fails-509b93ba/Under the EU’s Digital Markets Act (DMA), ByteDance Ltd, which operates the TikTok video portal, recently applied to suspend the EU Commission’s decision to designate TikTok as a gatekeeper, but failed. The DMA is an EU regulation aimed at ensuring f...Phased Return, Full Extra Benefits2024-03-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/phased-return-full-extra-benefits-b4dc11ae/A phased return to work after absence under Section 13a of the Austrian Act on the Adaptation of the Law on Employment Contracts (Arbeitsvertragsrechts-Anpassungsgesetz, AVRAG) is not considered to be a partial sick leave, but instead means that the ...OGH: Summer Use of Winter Season Passes2024-03-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-summer-use-of-winter-season-passes-2042cd31/The settlement of a claim for a monetary refund by offering and accepting a substitute service constitutes a service in lieu of payment within the meaning of Section 1414 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter AB...Product Liability: What Damage Is Recoverable?2024-03-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/product-liability-what-damage-is-recoverable-3c876f72/The right to compensation under the Austrian Product Liability Act (Produkthaftungsgesetz, hereinafter PHG) only covers damage to legal interests that are absolutely protected, in so far as this can be attributed to the defective product. Pure financ...GER: ‘Garage Risk’ – What Vehicle Repair Costs Are Covered?2024-03-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-garage-risk-what-vehicle-repair-costs-are-covered-558ab26f/The victim of a road traffic accident has the right to take their damaged vehicle to a garage for repair and then to claim compensation from the party responsible for the accident. According to the German Federal Court of Justice (Bundesgerichtshof, ...State Aid: Unlawful COVID-19 Aid for KLM2024-03-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/state-aid-unlawful-covid-19-aid-for-klm-21d75d91/In the legal battle over State support during the COVID-19 pandemic, Ryanair has won a victory. During the pandemic, many airlines received payments in the form of State aid. Now, once again, the European courts have had to deal with the legality of ...Is Scratching a Car’s Paint with an Iron Shovel an Accident?2024-03-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/is-scratching-a-car-s-paint-with-an-iron-shovel-an-accident-f11a37d2/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the definition of an accident as used in insurance contracts. An accident is an event that takes place suddenly and directly from the outside by means of mechanical force. ...Supreme Court on Terminating Caretaker Contracts2024-03-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/supreme-court-on-terminating-caretaker-contracts-3e00f552/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with terminating a caretaker contract, ruling that landlords can only terminate such contracts for serious reasons if the caretaker is entitled to employee housing. The plaintif...OGH on Right of First Refusal for Condominiums2024-03-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-right-of-first-refusal-for-condominiums-562cae2d/The right of first refusal (ROFR) and right of repurchase are legally invalid according to Section 38 (1) no. 3 of the Austrian Condominium Act (Wohnungseigentumsgesetz, hereinafter WEG) if these rights are capable of nullifying or unreasonably restr...OGH: No Removal of Managing Director by Liquidator2024-02-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-removal-of-managing-director-by-liquidator-d1a1d28c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that an insolvency administrator does not have the power to dismiss a managing director in the insolvency of a shareholder of a limited liability company (GmbH). The ori...EU: Instant Payments Are Here! Send Money within Seconds2024-02-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-instant-payments-are-here-send-money-within-seconds-28d0826e/No more delays of several days when transferring money. Individuals and businesses in the European Union will soon be able to receive money in a matter of seconds. This has been decided by the members of the European Parliament, paving the way for th...OGH Ruling on Snow Dump Easement2024-02-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-ruling-on-snow-dump-easement-aacca59e/Essentially, exercising a particular right is required for the usufruct of a right over another person’s property. This must be apparent to the owner of the encumbered property; however, it does not depend on the owner’s positive knowledge thereof. T...ECJ: Air Passenger Rights – No Compensation after Rebooking2024-02-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-air-passenger-rights-no-compensation-after-rebooking-5f36451c/The European Court of Justice (ECJ) has decided whether a passenger who booked an alternative flight due to an imminent long delay is entitled to compensation under the Air Passenger Rights Regulation (261/2004). In 2019, the plaintiff booked a fligh...OGH on Chairlift Operators’ Liability2024-02-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-chairlift-operators-liability-0a555e76/In transportation contracts, the obligation not to harm the physical well-being of passengers is considered a secondary contractual obligation. The first and second plaintiffs were riding the defendant’s chairlift in January 2018, when the weather su...OGH: Statute of Limitations for Capital Repayments2024-02-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-statute-of-limitations-for-capital-repayments-dbf39b45/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the suspension of the statute of limitations pursuant to Section 1494 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) applies analogo...GER: Commercial Code Adjustments to Relieve Smaller Companies2024-02-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-commercial-code-adjustments-to-relieve-smaller-companies-daccaf28/The German government has decided to raise the financial thresholds for accounting and financial reporting by nearly 25%. The aim is to reduce administrative burdens on small and medium-sized companies. For this purpose the German Federal Ministry of...OGH: Compensation for Wrongful Birth2024-02-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-compensation-for-wrongful-birth-956105b4/A long-standing legal dispute ends. The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH, in a ruling by its enlarged Senate, has now decided on the claim for compensation by parents after the wrongful birth of a child as a result of a m...ECJ: No Lifetime Storage of Biometric and Genetic Data2024-02-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-no-lifetime-storage-of-biometric-and-genetic-data-e12612a2/How long may biometric and genetic data be kept on people who have a criminal record? This was a question recently addressed by the European Court of Justice (ECJ). In Bulgaria, an individual was registered by the police as a false witness as part of...GER: Does Gifting Company Shares Result in Taxable Salaries?2024-02-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-does-gifting-company-shares-result-in-taxable-salaries-a2fbf949/The transfer of company shares as a gift to senior employees for the purpose of securing a company’s succession does not automatically result in taxable salaries in the case of income from work according to Section 19 (1) sentence 1 no. 1 of the Germ...Dog Barking as Noise Nuisance2024-02-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/dog-barking-as-noise-nuisance-2602fd17/According to Section 364 (2) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), if there is a noise nuisance coming from a property, the neighbour may stop the property owner from causing any such disturbance. The def...OGH: Postponement of Compulsory Inheritance Portion2024-02-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-postponement-of-compulsory-inheritance-portion-ccd55162/Testators may order the postponement of the right to their heirs’ compulsory inheritance portion for a maximum of five years after the testators’ death pursuant to Section 766(1) of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch...OGH on Legal Capacity and Mental Illness2024-02-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-legal-capacity-and-mental-illness-543a8218/A person has legal capacity if they can appreciate the scope of a particular transaction and the consequences of their actions, and act in accordance with that understanding. The plaintiff had taken out a life insurance policy with the defendant insu...GER: Savings Bank Customers’ Rights Strengthened2024-02-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-savings-bank-customers-rights-strengthened-cb65625e/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that the standard right to cancel a premium savings contract can continue to exist even after the maximum premium level has been reached. This applies, for example, in...GER: Management Liability Limited by Internal Rules2024-02-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-management-liability-limited-by-internal-rules-cfc90f7d/According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), internal rules of responsibility in the management of a legal entity cannot lead to the abolition of liability under criminal and liability law, but they can lead ...VfGH: KIM-V Complies with Law2024-02-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-kim-v-complies-with-law-8654bb8f/The Austrian Constitutional Court (Verfasssungsgerichtshof, hereinafter VfGH) has dismissed a complaint against the Austrian Financial Market Authority's (FMA) Real Estate Financing Measures Ordinance (Kreditinstitute-Immobilienfinanzierungsmaßnahmen...OGH: No temporary suspension of capital measures2024-02-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-temporary-suspension-of-capital-measures-3f53a92b/An application by a listed European Company (SE) for temporary suspension of capital measures has been rejected by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The situation was as follows: A limited company domiciled in Russia...Insurance Coverage for Rainwater Damage2024-02-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/insurance-coverage-for-rainwater-damage-4fadeb84/The interpretation of general policy conditions is based on the standard of the average policyholder. The apparent purpose of a provision must always be taken into account. The plaintiff took out a bundled insurance policy with the defendant. Special...OGH Rules on Product Liability Claims2024-02-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-product-liability-claims-176669dd/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has again considered claims for damages under the Austrian Product Liability Act (Produkthaftungsgesetz, hereinafter PHG) and ruled that instructions in pictogram form are generally i...OGH on Limitation Periods for Dismissal Compensation2024-02-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-limitation-periods-for-dismissal-compensation-9bf66a5c/According to Section 34(1) of the Austrian Salaried Employees Act (Angestelltengesetz, hereinafter AngG), claims for compensation for premature dismissal must be asserted in court within six months. Otherwise, they are void. The plaintiff had been in...OGH on Remote-Work Expense Reimbursements2024-01-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-remote-work-expense-reimbursements-1f2d2983/As a matter of principle, the provision of equipment for the performance of work is the responsibility of the employer. If employees provide the equipment themselves, they have a claim against the employer for reimbursement of expenses under Section ...OGH on Real Estate Co-Ownership2024-01-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-real-estate-co-ownership-d6de7588/According to Section 829 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), each co-owner is the full owner of their share. Each co-owner is entitled to use the property to the extent of their co-ownership share, provided that th...OGH on ‘Wealth Sacrifice Theory’ and Estate Gifts2024-01-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-wealth-sacrifice-theory-and-estate-gifts-6297692d/Pursuant to Section 782(1) of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), gifts made by a deceased person to individuals who are not entitled to a compulsory inheritance portion in the last two years prior...OGH: Absorption Proceedings and More Debt2024-01-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-absorption-proceedings-and-more-debt-60435ecf/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled: If, as agreed, a loan does not become due until the end of the absorption proceedings (Abschöpfungsverfahren[1]), there is no breach of obligation within the meaning of Sec...No Insurance for Improper Use of Parking Brake2024-01-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/no-insurance-for-improper-use-of-parking-brake-65aaeab5/Under Section 61 of the Austrian Insurance Contract Act (Versicherungsvertragsgesetz, hereinafter VersVG), the insurer is released from its obligation to pay if the policyholder caused the insured event intentionally or in a grossly negligent manner....OGH on Contractors Duty to Warn2024-01-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-contractors-duty-to-warn-83aba07c/If a contractor culpably breaches their duty to warn under Section 1168a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), they must put the client in the position the client would have been in had the duty to warn b...OGH: Right to Info on Small-Value Accounts2024-01-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-right-to-info-on-small-value-accounts-8c029700/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that an individual has the right to know all the information given to them when opening a savings account, even if the corresponding savings account passbook is not presente...OGH: No Representation of Spouse Unworthy to Inherit2024-01-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-representation-of-spouse-unworthy-to-inherit-cc352d28/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled: Section 542 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) does not provide for the representation of an unworthy spouse. The de...OGH: Waiver of Claims against GesbR Shareholders2024-01-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-waiver-of-claims-against-gesbr-shareholders-855412ea/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the following: If an action against a shareholder of a partnership under Austrian civil law (Gesellschaft bürgerlichen Rechts, hereinafter GesbR) is withdrawn by means o...OGH: Recreational Value and Rest-Period Compensation2024-01-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-recreational-value-and-rest-period-compensation-ee6baad9/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that recreational value can be compensated as damages for breaches of minimum rest periods. In the case at hand, the plaintiff had been employed as a school caretaker and ma...Does Attending a Party on Sick Leave Justify Dismissal?2024-01-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/does-attending-a-party-on-sick-leave-justify-dismissal-ea4fe561/In the event of illness and subsequent incapacity for work, employees must conduct themselves in such a way as to ensure that their ability to do their job is restored as quickly as possible. Conduct that may adversely affect the course of the illnes...ECJ: New Ownership in Notary’s Office – Business Transfer?2024-01-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-new-ownership-in-notary-s-office-business-transfer-7d09e5cf/Can changing the ownership of a notary’s office be considered as transferring a business? The European Court of Justice (ECJ) says yes – even if notaries are appointed as business owners by the State. In the first national case to be decided, four em...GER: BGH on Lawyers E-Mailbox Malfunctions2024-01-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-lawyers-e-mailbox-malfunctions-95153e05/A screenshot is enough to prove that the electronic mailbox program for German lawyers (besonderes elektronisches Anwaltspostfach, hereinafter beA) failed for several hours. This was decided by the German Federal Court of Justice (Bundesgerichtshof, ...OGH on Remuneration Set-Offs2024-01-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-remuneration-set-offs-13a3f7d4/In Austria, employees are entitled to a remuneration even if they are released from work. However, remunerations earned elsewhere must be set off against the original entitlement to remuneration. The offsetting rule of Section 1155 of the Austrian Ci...OGH: Duty to Inform Insurance Provider2024-01-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-duty-to-inform-insurance-provider-302861cc/Policy holders must inform their insurance company truthfully and fully of all circumstances of the claim. This duty of disclosure ends with the refusal of the insurer to pay out a benefit. In 2016, the plaintiff bought a used car. As the car was equ...ECJ Strikes down Austrian Comm Platform Regulation2024-01-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-strikes-down-austrian-comm-platform-regulation-5ad2f868/The European Court of Justice (ECJ) has ruled that the centrepiece of Austria’s law against hate speech on the Internet, the Communications Platforms Act (Kommunikationsplattformengesetz, hereinafter KoPl-G), is contrary to EU law. Meta, Google, and ...OGH: Failure to Properly Record Working Hours: Grounds for Dismissal2024-01-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-failure-to-properly-record-working-hours-grounds-for-dismissal-e43763b2/It is not just an administrative offence to record working hours untruthfully. It is also a serious breach of trust and can be grounds for dismissal. When the coronavirus pandemic began, the defendant employer asked employees to work from home on Fri...OGH Rules on Tour Operator GT&Cs2024-01-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-tour-operator-gt-cs-1235b6fb/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the following clauses in tour operators’ general terms and conditions are invalid: ‘The total price of the package holiday [...] cannot be determined before the conclus...GER: Amended GWB to Modernise Competition Law2024-01-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-amended-gwb-to-modernise-competition-law-9573e079/The 11th amendment to the Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkung) is a response to the critical price developments following Russia’s attack on Ukraine and a further step towards modernising competition law. The a...OGH on Serious Defects under Consumer Guarantees Act2023-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-serious-defects-under-consumer-guarantees-act-5a20d065/For the first time, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on when a defect under the new Consumer Guarantees Act (Verbrauchergewährleistungsgesetz, hereinafter VGG) directly entitles consumers to rescission of t...ECJ: Free First Copy of Patient Records2023-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-free-first-copy-of-patient-records-8665f816/The European Court of Justice (ECJ) has ruled on the interpretation of the General Data Protection Regulation (GDPR). Patients have the right to request a first copy of their medical records free of charge. There does not have to be any reason for th...OGH on Product Liability in Austria2023-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-product-liability-in-austria-e2bef7a7/A product is defective if it does not provide the level of safety that is reasonable under the circumstances. However, if the defect was not foreseeable according to the state of science and technology at the time, the exclusion of liability under Se...OGH: Right of Recourse under Austrian Insurance Law2023-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-right-of-recourse-under-austrian-insurance-law-62aec0f6/Grossly negligent behaviour is deemed to have occurred if there was an objectively particularly serious failure to act. Such breach of due diligence must also be considered reprehensible from a subjective viewpoint. The defendant’s grandfather is the...GER: Ne bis in idem – Justice or Legal Certainty?2023-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-ne-bis-in-idem-justice-or-legal-certainty-2afbeb51/Once you have been legally acquitted, you do not have to worry for the rest of your life that your case will be reopened if there is new evidence. This controversial provision of the 2021 German Criminal Procedure Code has now been declared unconstit...GER: Charges for Early Loan Repayment2023-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-charges-for-early-loan-repayment-d23334a9/According to the Higher Regional Court of Frankfurt am Main, so-called flat-rate bank charges in connection with early loan repayments can only be applied if consumers are given the opportunity to show that the bank has suffered lower or no damages. ...ECJ on Pilot Pay: Equal Treatment = Unequal Treatment?2023-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-pilot-pay-equal-treatment-unequal-treatment-741c5b7d/According to the European Court of Justice (ECJ), part-time employees are unfairly disadvantaged if they have to work the same number of hours as their full-time co-workers for additional pay. This constitutes unlawful discrimination. A German pilot ...OGH on Recovery for Non-Payment of Debt2023-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-recovery-for-non-payment-of-debt-fc35d8a1/Anyone who pays a non-debt in error can reclaim the amount paid under Section 1431 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB). The prerequisite for this is that the erroneous payment was the result of a...ECJ: Compensation after Denied Boarding2023-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-compensation-after-denied-boarding-8e82f4b2/Passengers are entitled to compensation under the Air Passenger Rights Regulation (Regulation 261/2004) if the airline denies them boarding on a return flight, even if they do not arrive at the airport on time. This has recently been decided by, amon...OGH: Risk Exclusion in Legal Expenses Insurance2023-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-risk-exclusion-in-legal-expenses-insurance-1cd1210e/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...GER: Binding Gift-Tax Valuation2023-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-binding-gift-tax-valuation-5445911c/If the value of a property is determined separately, it is binding for all subsequent gift tax assessments. According to the Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH), if the donee considers the assessment to be too high, they must appe...ECJ: Third-Party Liability for E-Bikes?2023-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-third-party-liability-for-e-bikes-5c5e7b5b/Bicycles with their e-motor only used to assist in pedalling, and a boost function that can only be activated by muscular effort do not fall within the definition of ‘vehicle’ as used in the EU’s Motor Insurance Directive. The original case before a ...OGH: Duty to Provide Legal Fee Info2023-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-duty-to-provide-legal-fee-info-e774391e/Section 5a(1)(3) of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG) obliges traders to inform consumers of the total price of the goods or services ‘in a clear and comprehensible manner’. This obligation to provide i...ECB: Digital Euro Prep Phase Begins2023-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecb-digital-euro-prep-phase-begins-e0177447/Future-proofing the currency: The European Central Bank (ECB) takes the next step towards the ‘digital euro’ alongside cash. National central banks and the ECB have been working on digital central bank money for some time. The research phase of the p...Austria: COFAG Partly Unconstitutional – Continued Disbursing2023-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-cofag-partly-unconstitutional-continued-disbursing-0e6df3bc/ The Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has declared parts of the legal basis of the COVID-19 Financing Agency of the Federal Government GmbH (COFAG) to be unconstitutional. However, payments can continue for th...OGH: Criminally Obtained Assets and Insolvency2023-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-criminally-obtained-assets-and-insolvency-5e024352/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that payments which a debtor has obtained through criminal acts are legal acts to the detriment of the creditors and can therefore be subject to contesting unde...GER: No State Funding for Right-Wing Foundations under New Bill2023-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-no-state-funding-for-right-wing-foundations-under-new-bill-6cba70c3/Anti-constitutional foundations shall no longer be funded by the state according to the will of the German government coalition. A corresponding bill, the Foundation Financing Act (Stiftungsfinanzierungsgesetz, StiftFinG), is now to be discussed in t...Condominium Owner Builds on Common Elements2023-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/condominium-owner-builds-on-common-elements-352dd886/Changes to general parts of a property may not be made without the consent of the other condominium owners. Unauthorised alterations can be challenged by means of actio negatoria (action for the denial of another’s right) under Section 523 of the Aus...OGH on Statute-Barred Claims2023-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-statute-barred-claims-f92867a2/The limitation period for claims for damages has recently been addressed by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The three-year limitation period pursuant to Section 1489 of the Austrian General Civil Code (Allgemeines ...Austrian Government Bill: Freedom of Information Act2023-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-government-bill-freedom-of-information-act-27af07b5/The obligation to maintain official secrecy has been explicitly enshrined in the Austrian Federal Constitution. A new government bill now aims to abolish official secrecy and increase government transparency. To this end, the Austrian Federal Constit...Global Framework: A World without Harm from Chemicals2023-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/global-framework-a-world-without-harm-from-chemicals-b74e8b0f/The Bonn Declaration on Sustainable Chemicals and Waste Management is sending a strong political signal. The international community has adopted a new global framework at the Fifth World Chemicals Conference, and high safety standards will now applie...ECJ: Right to Cancel after Free Trial Period?2023-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-right-to-cancel-after-free-trial-period-2479be16/The European Court of Justice (ECJ) has been asked to rule on the right of withdrawal for subscriptions to learning platforms. Subscriptions often become payable if consumers do not cancel within the free trial period. So the question comes up: Can c...GER: Custodial Fee Clauses Effective – Consumer Advocates Fail2023-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-custodial-fee-clauses-effective-consumer-advocates-fail-3e047ccc/A German consumer advocacy organisation was recently defeated in court by a commercial bank. The penalty interest clauses in the bank’s pre-formulated GTCs for customers with savings deposits are neither non-transparent nor surprising, a German court...OGH on Rent Cuts during Pandemics2023-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-rent-cuts-during-pandemics-9bfd3002/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that government interventions affecting the general public do not justify rent reductions. The burden of proof for the lack of usability of the property, which would jus...Unlocked Terrace Door – Is It Covered by Insurance?2023-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/unlocked-terrace-door-is-it-covered-by-insurance-4073f262/Leaving the house with the terrace door unlocked for several hours does not always constitute gross negligence, according to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). If it is a single incident, it cannot be considered gross...Disability or Illness? OGH Explains the Difference2023-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/disability-or-illness-ogh-explains-the-difference-94656a48/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the difference between illness and disability. Illness is not in itself a ground for discrimination. The plaintiff was employed by the defendant as a delivery driver. Du...OGH: Liability for Cycling Accidents on Mountain Bike Trails2023-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-liability-for-cycling-accidents-on-mountain-bike-trails-6ce5163a/The liability of road owners according to Section 1319a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) also applies to mountain bike trails. The contractual assumption of maintenance establishes joint ownership. Th...OGH Rules on Health Insurance Terms2023-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-health-insurance-terms-6ccd804f/The validity test pursuant to Section 864a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) states that objectively unusual and surprising clauses in GTCs do not become part of a contract. What matters is whether the...ECJ: National Courts May Advise about Cancellation Rights2023-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-national-courts-may-advise-about-cancellation-rights-2272a93c/Under the EU’s Package Travel Directive, travellers have a right of withdrawal in special circumstances and may be entitled to a refund of all sums paid. However, if travellers are not aware of their right to cancellation, national courts may be unde...VwGH: Emails That End in Authority’s Spam Are Deemed Delivered2023-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-emails-that-end-in-authority-s-spam-are-deemed-delivered-95654d2c/Appeals sent by email that end up in an authority’s spam folder are also considered delivered, the Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled. The legal representative of the complainant submitted appeals again...OGH on Data Protection at Work2023-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-data-protection-at-work-95790a6c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined whether an employer’s inspection of former employees’ emails is in breach of the General Data Protection Regulation (GDPR). Under Article 4(1) of the GDPR, any informatio...Used Car Purchase from Dealer Is Safest Choice, says OGH2023-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/used-car-purchase-from-dealer-is-safest-choice-says-ogh-c6dc1f67/Buying a used car can be a tricky business. Sometimes cars are not offered by the real owner, and the risk of the owner demanding their car back is high. But now the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is backing those who ...‘Carbon Neutral’ Flights? AUA under Fire for Greenwashing2023-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/carbon-neutral-flights-aua-under-fire-for-greenwashing-8b8c5cbc/Sustainability is a valuable marketing tool, but it should not be taken too far. Austrian Airlines’ “carbon neutral flights” ads overstepped the bounds, turning greenwashing into unfair competition. In the case at hand, Austrian Airlines (AUA) promot...ECJ To Clarify Concept of Non-Material Damage under GDPR2023-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-to-clarify-concept-of-non-material-damage-under-gdpr-ad503e0f/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has asked the European Court of Justice (ECJ) to answer questions on the right to an injunction under EU law and the concept of immaterial damage under the GDPR. The plaintiff w...DE: Sellers Duty to Inform Gets Tougher2023-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-sellers-duty-to-inform-gets-tougher-ed56db1c/Buyers must be adequately informed by sellers about the costs of renovating a property. According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), making this information available in a virtual data room only three days be...OGH: Time Credits Are not Insolvency Claims2023-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-time-credits-are-not-insolvency-claims-093fba41/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that work time credited to an employee does not constitute an insolvency claim and therefore cannot be reduced by a restructuring plan. The plaintiff had been employed b...OLG Wien: Single Party in case of GmbH Manager Removal2023-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/olg-wien-single-party-in-case-of-gmbh-manager-removal-d8ed2755/The Oberlandesgericht Wien (Higher Regional Court, Vienna, hereinafter OLG Wien) has ruled that, in the case of the dismissal of a shareholder-director of a limited liability company (GmbH), both the director in question and the other shareholders wi...OGH on Compulsory Inheritance Reductions2023-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-compulsory-inheritance-reductions-e1e35464/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has once again stated that in Austrian inheritance law it is the legal relationship that counts. Both biological and non-blood children are equally entitled to an inheritance and thus...OGH: Legal-Tech Business Models Set to Advance2023-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-legal-tech-business-models-set-to-advance-627266cf/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently dealt with a legal- tech business model in which the provider uses an AI tool to analyse the client’s legal problems, filters out a suitable lawyer from its partner lawye...EU Raw Material Self-Sufficiency on the Horizon2023-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-raw-material-self-sufficiency-on-the-horizon-135eddd1/Electric cars, solar panels, and smart phones – they all contain what are known as critical raw materials. However, the European Union is currently unable to source them reliably. Measures are being taken to ensure the long-term, secure supply and so...OGH: Unlawful Concert Organiser GTCs2023-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-unlawful-concert-organiser-gtcs-2581deae/In the event of the cancellation of an event due to force majeure, the organiser shall be liable for the refund of the ticket price. Issuing vouchers is only allowed in the event of force majeure. In addition, it is not reasonable to expect consumers...GER: BGH on GmbH Shareholders’ Statutory Voting Ban2023-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-gmbh-shareholders-statutory-voting-ban-a00254d9/Shareholders of a German limited liability company (GmbH) who together hold all the shares in the company are prohibited from voting on a resolution to initiate legal proceedings against another company. No one may be a judge in his own case, accordi...GER: No Compensation for Facebook Scraping Victims2023-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-no-compensation-for-facebook-scraping-victims-29378778/Following the so-called Facebook scraping cases, there will be no compensation for Facebook users under the General Data Protection Regulation (GDPR). According to the Higher Regional Court of Hamm, Germany (hereinafter OLG), although there was a bre...OGH: Transfer Protection for Remote Workers2023-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-transfer-protection-for-remote-workers-66fba421/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recognised that a worsening of the transfer situation within the meaning of Section 101 of the Austrian Labour Constitution Act (Arbeitsverfassungsgesetz, ArbVG) can occur even if...OGH Rules on More Gym Clauses2023-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rules-on-more-gym-clauses-c9f84437/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has once again had to rule on clauses contained in the general terms and conditions of contracts concluded by fitness studios. The defendant operates several fitness studios and regul...Can Courts Use EncroChat Data to Convict Criminals?2023-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/can-courts-use-encrochat-data-to-convict-criminals-d6a18bde/The question of whether courts can use EncroChat data as evidence remains open. The German Federal Constitutional Court (Bundesverfassungsgericht, hereinafter BVerfG) has rejected several constitutional complaints for decision. EncroChat had long bee...OGH: May a Donee Grandchild Claim Add-Backs?2023-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-may-a-donee-grandchild-claim-add-backs-fd0eabd8/If an individual who (under Austrian inheritance law) is entitled to a so-called compulsory portion asserts a claim against a donee on the grounds of insufficiency of the estate, the donee who is the subject of the claim does not, in principle, have ...EU: Fix – Don’t Ditch!2023-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-fix-don-t-ditch-56c5e797/The EU Commission wants to introduce new consumer rights to make repairs easier and more attractive. The aim is to save resources and reduce waste. Smartphones that have to be replaced because the batteries cannot be changed will soon be a thing of t...OGH: Shareholders Can Oppose Deletions from Commercial Register2023-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-shareholders-can-oppose-deletions-from-commercial-register-70ec5f37/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently granted shareholders party status in proceedings concerning the official deletion of a public limited company (GmbH) from the commercial register. As a result, they now h...OGH: Training Costs Cannot Be Passed on to Trainee2023-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-training-costs-cannot-be-passed-on-to-trainee-0353386f/An agreement to pass on training costs to the trainee is inadmissible both in apprenticeships as well as in training relationships. It makes no difference whether such an agreement is made at the beginning or only during a training relationship. The ...Austrian Civil Procedure Amendment 20232023-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-civil-procedure-amendment-2023-a91e0b2a/The Austrian National Council has passed the Civil Procedure Amendment 2023 (ZVN 2023). Video hearings had been introduced temporarily during the Corona pandemic and proved to be very successful. Lawyers and judges have since requested that this form...GER: When Are Private Chats Confidential?2023-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-when-are-private-chats-confidential-39cf3c58/Strongly insulting, racist, or sexist remarks made by an employee to their superior or other fellow employees in a private chat group can be grounds for dismissing the employee without notice. It is only in exceptional cases that an employee can rely...Lead Rulings by the German Federal Court of Justice2023-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/lead-rulings-by-the-german-federal-court-of-justice-98876c04/Mass tort litigation, such as the diesel scandal, is putting a strain on Germany’s civil courts. The German government has now passed a bill introducing a ‘lead-ruling procedure’ at the Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) level...OGH: Entrepreneurs Lose Right to Rely on Unlawful GTCs2023-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-entrepreneurs-lose-right-to-rely-on-unlawful-gtcs-3501a417/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the European Court of Justice’s (ECJ) interpretation of the EEC Directive on Unfair Terms in Consumer Contracts. The case concerned an unjustified rescis...OGH: Easement for Condominium Access2023-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-easement-for-condominium-access-4dc8ec55/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that condominium owners may not register an easement in the land register under which they grant each other an exclusive and perpetual right of use for access to their apart...OGH: Jurisdiction for Software Contracts Needs Clarification2023-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-jurisdiction-for-software-contracts-needs-clarification-a1c7a053/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has asked the European Court of Justice (hereinafter ECJ) to clarify where the ‘place of performance’ as defined in Article 7(1)(b)(2) of Regulation (EC) 1215/2012 on Jurisdiction an...When Can Legal Expenses Insurance Refuse Coverage?2023-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/when-can-legal-expenses-insurance-refuse-coverage-9a37eaac/The likelihood of success of the intended claim determines whether legal expenses cover will be granted. Coverage cannot be refused if the legal action has a reasonable prospect of success. In the coverage proceedings, the plaintiff sought coverage u...OGH on Tenancy Termination Restrictions2023-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-tenancy-termination-restrictions-b61de7d6/The ground for termination as provided under Section 30(2)(5) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG) does not apply if there is a balanced use of an apartment, residentially and for business purposes. In 1965, the defendant’s...OGH on Alterations in Co-owned Buildings2023-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-alterations-in-co-owned-buildings-a37d2d7e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that changes to common parts of a house which are exclusively in the interest of one single co-owner do not constitute ‘property management measures’. The defendant and his ...Austria Toughens Criminal Law on Corruption2023-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-toughens-criminal-law-on-corruption-aa4649f2/In order to effectively advance the fight against corruption, the Austrian National Council has tightened the criminal law on corruption. The Anti-Corruption Criminal Law Amendment Act 2023 (Korruptionsstrafrechtsänderungsgesetz 2023, hereinafter Kor...GER: Must Landlords Allow Subletting to Refugees?2023-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-must-landlords-allow-subletting-to-refugees-1a72774c/Does a landlord have to allow a tenant to take in a refugee? The Berlin Regional Court has ruled: Yes, they do. Anyone who wants to take in refugees has a claim against their landlord for permission to sublet. Since the beginning of the Russian attac...GER: Must Tenants Respond to Termination Notice?2023-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-must-tenants-respond-to-termination-notice-0a0c47b5/There is no reason to sue for future eviction simply because the tenant remains silent as to whether they will actually leave the premises upon termination of the commercial lease, according to the German Federal Supreme Court (Bundesgerichtshof, her...OGH: Credit Brokers Must Inform2023-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-credit-brokers-must-inform-2e3fbff7/What are the consequences of a credit broker failing to provide proper information about the credit broker’s commission? This was decided by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The claimant had arranged a loan for the ...OGH: Liability of GmbH Shareholders for Notary Fees2023-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-liability-of-gmbh-shareholders-for-notary-fees-190e6141/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the mere approval of a resolution to increase a company’s capital does not lead to the joint and several liability of shareholders for notary fees. The plaintiff, a...VwGH: When Is a Hearing Necessary?2023-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-when-is-a-hearing-necessary-1bff0628/The Austrian Supreme Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has confirmed its case law on the holding of oral hearings before administrative courts. An oral hearing is required in cases where the findings are specifically dis...VfGH on Climate Protection: No Right to Heating Oil Ban2023-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-on-climate-protection-no-right-to-heating-oil-ban-b044fb00/There is no subjective right to issue an ordinance banning the sale of fossil fuels and heating oil, the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has confirmed. The environmental organisation GLOBAL 2000 was one of tho...GER: Antitrust Fines: Are Managers Personally Liable?2023-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-antitrust-fines-are-managers-personally-liable-a8c4441a/Managing directors are not personally liable for cartel fines imposed on a company. This was recently confirmed by the German Duesseldorf Higher Regional Court. There are separate rules on fines in the provisions of cartel law, the court says. The de...OGH: Right to Information of Heirs2023-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-right-to-information-of-heirs-c41dfc95/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the requirement to provide certain information is fulfilled when formally complete information has been provided. The fact that an individual involved, such as the ...GER: BAG - Minimum-Wage Liability of GmbH Managers2023-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bag-minimum-wage-liability-of-gmbh-managers-71390260/According to the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG), managing directors are not liable if an employee is not paid their statutory minimum wage. The penalty provisions of the German Minimum Wage Act (Mindestlohngesetz,...OGH on Formal Requirements for Testamentary Dispositions2023-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-formal-requirements-for-testamentary-dispositions-e8f0b3c0/Failure to observe proper legal form leads to the invalidity of testamentary dispositions, even if the testator’s intention is clear and can be unequivocally proven. However, the principle of respecting a testator’s true intention has its limits when...GER: Loan Agreements: Are You Liable for Your Ex’s Car Loan?2023-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-loan-agreements-are-you-liable-for-your-ex-s-car-loan-3fb04f63/Even though she is financially unable to cope, a young woman was to be held liable for her ex-boyfriend’s car loan. The immorality of such a loan agreement was recently established by the Oldenburg Higher Regional Court. In the case at hand, a young ...Are You Liable for Tagged Posts on Instagram?2023-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/are-you-liable-for-tagged-posts-on-instagram-f3d6e72a/The operator of an Instagram page may be liable for the fact that tagged posts by third party users violate the Austrian Fair Trading Act. According to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), anyone who links their page to...OGH: Rights of Austrian Owners’ Associations2023-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rights-of-austrian-owners-associations-0c8708cb/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified: For the active legitimacy of a condominium owners’ association with regard to an assignment of claims, only the effective assignment is relevant. Internal decisions by ...OGH: Bad Faith and Building on Third-Party Plots2023-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-bad-faith-and-building-on-third-party-plots-62291dcf/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified its case law on the original acquisition of land under Section 418 sentence 3 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB). The pla...VwGH: Wrong Addressee May End in Repeal without Substitution2023-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-wrong-addressee-may-end-in-repeal-without-substitution-406c40b1/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled that it is legitimate for the Federal Administrative Court (Bundesverwaltungsgericht, hereinafter BVwG) to revoke a decision if it is found that the person to whom...OGH: No Official Liability for Unlawful COVID Regulations2023-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-official-liability-for-unlawful-covid-regulations-4f60908c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that there is no official liability for unlawful COVID 19 regulations. The Minister of Health did not act in a culpable manner. The plaintiff was a street paper vendor. Duri...GER: National Legal Protection: Intra-EU Investor/State ICSID Arbitrations2023-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-national-legal-protection-intra-eu-investor-state-icsid-arbitrations-92c3a842/In principle, national courts cannot subject ICSID arbitration proceedings to a preliminary review. However, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has now ruled that EU Member States can claim upstream national lega...ECJ on Notifications ahead of Mass Dismissals2023-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-notifications-ahead-of-mass-dismissals-2f1fba6e/The European Court of Justice (ECJ) has ruled that failing to send a copy of a written notification to the competent authority (in this case, the German employment agency, Agentur für Arbeit) that collective redundancies are imminent does not constit...GER: BGH on the Public Nature of the Commercial Register2023-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-the-public-nature-of-the-commercial-register-4cf1fa76/The information contained in the electronic commercial register at www.handelsregister.de is public. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), the register is a reliable and freely accessible source of inform...OGH: News on Holiday Leave Limitation2023-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-news-on-holiday-leave-limitation-eee3704b/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that holiday leave cannot be time-barred if employers do not fulfil their duty to notify and urge employees to take their leave. The plaintiff had been employed by the d...BMJ: Rules on 'Disqualified Directors'2023-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bmj-rules-on-disqualified-directors-85a31b14/The Austrian Company Law Digitisation Act 2023 (Gesellschaftsrechtliches Digitalisierungsgesetz 2023) will now implement another part of Directive (EU) 2019/1151 (Directive on the use of digital tools and procedures in company law). This concerns the...GER: Delayed Connecting Flight: Passenger Rights2023-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-delayed-connecting-flight-passenger-rights-0a791e5d/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has once again strengthened the rights of air passengers. If you start a flight in an EU country that involves connecting flights, you’re entitled to compensation if delayed, ev...OGH: International Jurisdiction for Gambling Claims2023-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-international-jurisdiction-for-gambling-claims-21969665/Austrian courts may have jurisdiction to hear claims against Maltese gambling companies, even if consumers have assigned their claims for enforcement. In the original case, a Maltese company (the defendant) had offered online gambling in Austria with...ECJ: Freedom to Establish Cannot Be Restricted to Ensure Supply2023-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-freedom-to-establish-cannot-be-restricted-to-ensure-supply-a3aed05c/A restriction on freedom of establishment cannot be justified by the objective of ensuring regional supply of construction materials at local level, according to the European Court of Justice (ECJ). Such regional supply does not meet the fundamental ...Brand Litigation: Jägermeister Prevails in IP Dispute2023-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/brand-litigation-jaegermeister-prevails-in-ip-dispute-68520594/The packaging of the well-known Jägermeister herbal liqueur was imitated by a discount-label retailer. Jägermeister took action against this by obtaining an injunction throughout the EU. The action was brought by the proprietor of the word mark Jäger...OGH on Brokerage Contracts via willhaben.at2023-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-brokerage-contracts-via-willhaben-at-2014bcb9/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide on the qualification of a brokerage contract as a ‘distance contract’. The crucial issue was that only means of distance communication had been employed in the course of...GER: More Time for Rent-Cap Tenants, Germany’s BGH Rules2023-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-more-time-for-rent-cap-tenants-germany-s-bgh-rules-c0208963/In a recent ruling, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) decided when a tenant’s right to obtain information from the landlord becomes statute-barred. This means that tenants who live in areas with a rent cap and w...The European Water Crisis2023-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/the-european-water-crisis-689576a6/One heat record is followed by another heat record. Going forward, more needs to be done to protect and improve the EU’s water resources. For several years, drought and declining water tables have been affecting the entire surface of the EU. The impa...OGH: Contestability of Association Resolutions2023-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-contestability-of-association-resolutions-43d77103/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) refused to rule the non-admission of a nomination for the election of the executive board of an organisation as a gross error leading to the nullity of the election of the executive c...ECJ: Minimum prices and Prohibition of Cartels2023-08-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-minimum-prices-and-prohibition-of-cartels-de40d057/The European Court of Justice (hereinafter ECJ) has clarified its case law on the concept of ‘agreement’ under Article 101 of the Treaty on the Functioning of the European Union (TFEU). The initial facts of the case were as follows: The Portuguese ma...BVwG: No Obligation to Delete Minutes of ÖH Meetings2023-08-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bvwg-no-obligation-to-delete-minutes-of-oeh-meetings-b1d044d8/The Austrian Federal Administrative Court (Bundesverwaltungsgericht, hereinafter BVwG) has ruled that no right exists to the erasure of personal data from the minutes of meetings of a public body (in this case, the Austrian National Students Union, Ö...Air Passenger Rights: Inadequate First Aid Is Part of the Accident2023-08-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/air-passenger-rights-inadequate-first-aid-is-part-of-the-accident-81712ee6/The European Court of Justice (ECJ) has ruled that where a passenger is injured on board an aircraft and subsequently receives inadequate initial medical care which results in aggravation, this constitutes a single accident under the Montreal Convent...BGH on Pre-Contractual Disclosure for Former Shareholders2023-08-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bgh-on-pre-contractual-disclosure-for-former-shareholders-6dbb0771/The German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) had to decide in several proceedings on the liability of founding partners of a limited partnership (Kommanditgesellschaft). The court distinguished prospectus liability from liabi...Dieselgate: German BGH on Engine Manufacturers’ Liability2023-08-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/dieselgate-german-bgh-on-engine-manufacturers-liability-a90b6f51/Engine manufacturers are not liable for vehicles equipped with illegal defeat devices. This has been ruled by the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH). Liability can only be established if the engine manufacturer has acte...Austrian Building Cartel: Proceedings against STRABAG to Continue2023-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-building-cartel-proceedings-against-strabag-to-continue-ead3ee98/The Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, hereinafter BWB) was successful in its appeal to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The cartel court of first instance is now obliged to continue t...OGH Takes a Look at Sky TV’s GTC Clauses2023-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-takes-a-look-at-sky-tv-s-gtc-clauses-4f170ecc/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has overturned inadmissible terms and conditions of Sky Österreich GmbH because a specific clause addressing direct advertising was non-transparent and unfairly disadvantageous to co...ECJ: German Bottle Deposit Can Be Indicated Separately2023-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-german-bottle-deposit-can-be-indicated-separately-51c4a598/The widespread practice in German grocery stores of displaying the bottle deposit separately had been challenged by consumer protection groups. The European Court of Justice (hereinafter ECJ), however, has ruled that this practice is necessary to pro...BVwG: COVID-19 a Mitigating Circumstance in GDPR Violations2023-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bvwg-covid-19-a-mitigating-circumstance-in-gdpr-violations-1fe95723/The Austrian Federal Administrative Court (Bundesverwaltungsgericht, hereinafter BVwG) has considered the COVID-19 pandemic and the fear of contagion a mitigating factor in penalties imposed for violating applicable data protection regulations. In th...EU Regulation in the Pipeline: Rules for Safe and Transparent AI2023-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-regulation-in-the-pipeline-rules-for-safe-and-transparent-ai-d93d37ca/After two years of negotiations, the European Parliament has adopted the compromise text of the Artificial Intelligence (AI) Regulation on 14 June. The next steps will now be to hold discussions with EU Member States on the final form of the law. The...Austrian Supreme Court: ‘Training’ Was an Employment Relationship2023-07-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-training-was-an-employment-relationship-4f7ae248/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has defined an unpaid traineeship as an employment relationship and awarded the plaintiff appropriate remuneration. In doing so, the OGH clarified the criteria for distinguishing trai...ECJ Ruling on Car Service Licensing2023-07-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-ruling-on-car-service-licensing-5435fa9c/The European Court of Justice (ECJ) has ruled on the limitation of the number of licences for private hire car services in the Barcelona area. However, the requirement to obtain a licence in addition to that provided for at national level may be nece...GER: Cartel Office Accuses Deutsche Bahn of Market Power Abuse2023-07-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-cartel-office-accuses-deutsche-bahn-of-market-power-abuse-f6f67b09/The German Federal Cartel Office (hereinafter Bundeskartellamt) has accused German Railways (Deutsche Bahn, hereinafter DB) of abusing its market power. According to the Bundeskartellamt, DB is exploiting its key position. As a result, competition wi...GDPR: ECJ Clarifies Scope of Right to Information2023-07-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/gdpr-ecj-clarifies-scope-of-right-to-information-b92bb98f/The European Court of Justice (ECJ) has clarified the scope of the right to information under Article 15 of the General Data Protection Regulation (GDPR). Specifically, it was unclear whether the identity of employees of the controller is also covere...Amendment to the Austrian AVG: Electronic Submissions now Included2023-07-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/amendment-to-the-austrian-avg-electronic-submissions-now-included-385976df/The Austrian Federal Chancellery has submitted a government bill on amendments to the Austrian General Administrative Procedures Act (Allgemeines Verwaltungsverfahrensgesetz, AVG), the Austrian Administrative Penal Act (Verwaltungsstrafgesetz, VStG),...OGH on Wages after Termination by Mutual Consent2023-07-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-wages-after-termination-by-mutual-consent-600e545e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that it is an employee’s objective inability to work, not the date on which a doctor’s certificate of sickness is issued, that is relevant to continued payment of salary. Fo...OGH on the Formation of Will in Owners’ Associations2023-07-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-formation-of-will-in-owners-associations-833a5c3f/The formation of will in an owners’ association may also consist of an act of will by the dominant majority owner, according to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). A prescription by the dominant majority owner (‘domina...New EU Directive on Wage Transparency2023-07-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-eu-directive-on-wage-transparency-e2389f62/Recent EU rules on pay transparency will be strengthening the principle of equal pay for men and women for equal work. To this end, the European Pay Transparency Directive (EU) 2023/970 has come into force on June 6, 2023. In future, companies will b...GER: No Equal Pay – Temporary Workers May Get Paid Less2023-07-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-no-equal-pay-temporary-workers-may-get-paid-less-7f322508/In principle, it is possible to pay temporary workers less than permanent employees. However, such a measure must be compensated for, according to the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG). Collective agreements may depa...GER: Choice of End Devices Cannot Be Limited2023-07-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-choice-of-end-devices-cannot-be-limited-1e5aba62/Preventing internet access through certain mobile end devices such as LTE routers cannot legally be limited by clauses used in mobile phone contracts, as this would restrict the freedom of device choice, according to the German Federal Court of Justi...OGH: Legal Protection Coverage for Data Breaches2023-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-legal-protection-coverage-for-data-breaches-57a915b1/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that even non-material damages may be covered by a legal expenses insurance policy under the General Conditions for Legal Expenses Insurance 2017 (Allgemeine Bedingungen...OGH: Non-Competition Clauses in Distribution Agreements2023-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-non-competition-clauses-in-distribution-agreements-8b9a37cf/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that a non-competition clause in a distribution agreement does not automatically include all employees by way of a supplementary interpretation of the agreement. The def...Supply Chain Directive: EU Parliament Votes for Stricter Version2023-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/supply-chain-directive-eu-parliament-votes-for-stricter-version-bd1e15de/At the beginning of June, the majority of the European Parliament voted in favour of a stricter version to the EU Commission’s original legislative proposal for the Corporate Sustainability Due Diligence Directive (CSDD) – EU Supply Chain Regulation....OGH: Warranty Waivers in Real Estate Contracts2023-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-warranty-waivers-in-real-estate-contracts-e87048a3/The seller of an apartment is liable for hidden construction defects (i.e., defects that are not visible to the buyer during a thorough inspection), if there is an exclusion of warranty but the contract states that the buyer has inspected the apartme...GER: ECJ Ruling for German Autobahn Charging Stations Requested2023-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-ecj-ruling-for-german-autobahn-charging-stations-requested-cd44024a/The legal dispute over electric fast-charging stations between providers of charging infrastructure for electric vehicles and the Federal Republic of Germany is now going to the European Court of Justice (ECJ). 200 fast-charging stations at German fr...OGH: General Meeting Is Not an Arbitration Board2023-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-general-meeting-is-not-an-arbitration-board-da513d16/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified important questions concerning Austrian association law in matters of the competence of arbitration board and the general meeting of members when a member of the executi...OGH: Broker's Commission also Due in Share Deals2023-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-broker-s-commission-also-due-in-share-deals-41822d1b/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the sale of shares in a company can be a transaction equivalent to the sale of real estate and could therefore justify a broker’s commission. Two cousins were limit...OGH on Data Protection Clauses in GTCs2023-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-data-protection-clauses-in-gtcs-b04b51df/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has declared several data protection clauses in a pay TV providers’ general terms and conditions to be invalid. Data transmission for address matching In an email, the defendant had s...GER: Trespass to Chattels in ‘Cash & Drive’ Scheme2023-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-trespass-to-chattels-in-cash-drive-scheme-61695a21/The collection of a vehicle by a lessor constitutes trespass to chattels, even if the lessee is in arrears. If the vehicle is subsequently sold by the lessor, the lessor is obliged to compensate the lessee for the value of the vehicle, according to t...GER: Works Council Chairs Can’t Double as Data Protection Officers2023-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-works-council-chairs-can-t-double-as-data-protection-officers-65988d80/The position of works council chairperson precludes additionally performing the duties of data protection officer. For this reason, employers are permitted to revoke the appointment of data protection officers, according to the German Federal Labour ...OGH: No Official Liability for Commerzialbank Liquidator2023-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-official-liability-for-commerzialbank-liquidator-29ab0298/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that no official liability exists on the part of the banking supervisory authority towards Commerzialbank Mattersburg in Burgenland, Austria, and thus towards the liquidator...OGH: No Water-Rights Permit, No Usucaption?2023-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-water-rights-permit-no-usucaption-c20ec8c0/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified: A lacking water-rights permit pursuant to Article 10(2) of the Austrian Water Act 1959 (Wasserrechtsgesetz 1959, hereinafter WRG) does not prevent usucaption of a water...ECJ AG: Austrian Communications Act Contrary to EU law2023-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-ag-austrian-communications-act-contrary-to-eu-law-9264a025/In his opinion, the Advocate General (AG) of the European Court of Justice (ECJ) is of the opinion that the Austrian Communications Platforms Act, which is part of a package of laws intended to counter online hate, violates EU law. In the original pr...OGH: Unfair Competition after Concealment of Circumstances2023-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-unfair-competition-after-concealment-of-circumstances-96b81c8e/Does the claim ‘The brand most recommended by the leading dishwasher manufacturers’ constitute unfair competition? This was the question to be decided by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) after a manufacturer of dishw...GER: Driving Licence Revoked after DUI on E-scooter2023-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-driving-licence-revoked-after-dui-on-e-scooter-8dfe296a/Riding an e-scooter under the influence of alcohol creates a presumption of unsuitability for driving a motor vehicle. Driving licenses are not revoked only in certain exceptional cases. According to the German Higher Regional Court of Frankfurt am M...OGH: COFAG Subsidies Are Garnishable2023-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-cofag-subsidies-are-garnishable-90789b6c/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that COFAG1 subsidies are, in principle, garnishable. In the original case, the court of first instance had granted the petitioning energy supplier, among other things, the ...ECJ: Environmental Impact Assessment Thresholds2023-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-environmental-impact-assessment-thresholds-8ea6c055/The European Court of Justice (hereinafter ECJ) has ruled that environmental impact assessments for urban development projects do not depend exclusively on the size of such projects. EU law precludes threshold values if they are set so high that, in ...OGH on Repayment of Loan Processing Fees2023-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-repayment-of-loan-processing-fees-9f79385c/According to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), the clause used by a credit institution to exclude the repayment of processing fees in the event of early repayment of a loan is neither unlawful nor grossly disadvantag...ECJ: No Cancellation Info, No Money2023-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-no-cancellation-info-no-money-85238804/Even after a service has been fully provided and an invoice has been issued, the customer does not have to pay: According to the European Court of Justice (hereinafter ECJ), if a company forgets to inform their consumer about the consumer’s right of ...BGH: No Compensation for Flights That Were Operated2023-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bgh-no-compensation-for-flights-that-were-operated-87b1ac2c/The requirements listed in Art 4 para 3 of the Passenger Rights Regulation are not fulfilled if a passenger was actually transported on a scheduled flight. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), this also ...‘Flexible Capital Companies’: Austrian Company Law Newbies2023-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/flexible-capital-companies-austrian-company-law-newbies-e056493b/The Austrian Federal Ministry of Justice has recently submitted for review its draft of the long-awaited Company Law Amendment Act 2023. Alongside changes to the law on limited liability companies (GmbH), the bill also contains a new legal structure ...OGH: No Insurance Event When Moving a Sailplane2023-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-insurance-event-when-moving-a-sailplane-aaf63eb1/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has commented on the waiver of liability in insurance policies with regard to damage arising from the use of an aircraft. A household and homeowner’s insurance contract exists between...ECJ: The Right to ‘a Copy’ under GDPR2023-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-the-right-to-a-copy-under-gdpr-2e9a49d1/The European Court of Justice (ECJ) has clarified that under the right to information pursuant to Article 15 of the General Data Protection Regulation (GDPR), copies of entire documents may have to be provided. In the original case, the complainant h...OGH Voids Ambiguous Clause in Tenancy Agreements2023-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-voids-ambiguous-clause-in-tenancy-agreements-d8b65f48/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has repealed a clause according to which a landlord’s duty of proper maintenance does not apply if the tenant or persons attributable to the tenant are at fault for causing damage. Th...GER: Undated Documents Are ‘Not Served’2023-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-undated-documents-are-not-served-cc432bb9/A delivery date on the envelope of a court document to be served is a mandatory requirement for performance of service. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), if a mail carrier does not write the delivery ...GER: Director’s Liability in a Managing Limited Partner GmbH2023-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-director-s-liability-in-a-managing-limited-partner-gmbh-ee3e055a/In principle, the managing director of a managing limited liability company of a German GmbH & Co. KG is answerable in the event of negligent management for the damages incurred by the limited partnership. This is also true if running the limited par...ECJ: Compensation for Cancelled Flight Due to Co-Pilot’s Death2023-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-compensation-for-cancelled-flight-due-to-co-pilot-s-death-9e1dc00f/The cancellation of a flight due to the unexpected death of the co-pilot does not exempt the operating air carrier from its compensation obligation towards the passengers. This was decided by the European Court of Justice (hereinafter ECJ), citing th...GER: No Negative Interest on Promissory Note Loans2023-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-no-negative-interest-on-promissory-note-loans-0262ee06/According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), the legal model of loan regulations does not recognise negative interest. A claim for payment does not exist even for promissory note loans if an upper interest limit...OGH: Valuation of Gifts in Austrian Inheritance Law2023-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-valuation-of-gifts-in-austrian-inheritance-law-1794616b/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified: In the valuation of a gift pursuant to Section 788 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), any investments in the gifted asset previously made by th...OGH on Deposit Insurance for Trust Accounts2023-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-deposit-insurance-for-trust-accounts-5da81319/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that in the case of multiple-party trust accounts, all trustors are to be considered as depositors for the purpose of deposit insurance. The first and second plaintiffs ...Virtual Shareholders’ Meetings Here to Stay2023-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/virtual-shareholders-meetings-here-to-stay-0a5d750b/The Ministry of Justice’s (Bundesministerium der Justiz) draft on virtual meetings of joint-stock companies was submitted for review until 26 May 2013. Virtual shareholders’ meetings, which were introduced as a temporary solution during the Corona pa...GER: BGH on Reservation Fees for Estate Agents2023-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-reservation-fees-for-estate-agents-f105cb37/According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), an obligation of an estate agent’s client to pay a non-performance-related reservation fee agreed upon in the General Terms and Conditions (Allgemeine Geschäftsbeding...OGH on the Right of Access under Art 15 GDPR2023-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-right-of-access-under-art-15-gdpr-49f3cc05/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified: The framework of Art 15 of the General Data Protection Regulation (hereinafter GDPR) includes the right to information as to whether personal data has been disclosed to...OGH: Adjustment Certificates Do Not Securitise Shareholder Rights2023-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-adjustment-certificates-do-not-securitise-shareholder-rights-1347f6d2/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that anyone purchasing a securitised adjustment certificate does not thereby acquire the rights of the original squeezed out shareholder. This applies, in particular, to...ECJ: No Transfer of Working Times Compliance to Third Parties2023-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-no-transfer-of-working-times-compliance-to-third-parties-63738122/Road transport operators cannot discharge themselves of their responsibility for compliance with the driving and rest times of drivers by transferring this responsibility to third parties, according to a recent ruling by the European Court of Justice...EU Mobility Directive Implemented in Austria2023-05-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-mobility-directive-implemented-in-austria-0251580c/Directive (EU) 2019/2121 (Mobility Directive) is about to be implemented in Austria and will result in more legal certainty in cross-border restructurings. To date, only cross-border mergers were regulated by law in Austria under the EC Merger Regula...GER: BGH on Claim Assignments in Loan Agreements2023-05-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-on-claim-assignments-in-loan-agreements-51b8589e/According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), an assignment-by-way-of-security of all claims against a vehicle manufacturer which was agreed to in a General Terms and Conditions form goes against buyers’ right to...GER: Voting Bans in GbR Partnerships2023-05-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-voting-bans-in-gbr-partnerships-59f21833/When does a partner in a German civil law partnership (Gesellschaft bürgerlichen Rechts, hereinafter GbR) lose their voting rights due to a conflict of interest? This is the question that the German Federal Supreme Court (Bundesgerichtshof, hereinaft...OGH: Partnership Agreements and Change of Partners2023-05-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-partnership-agreements-and-change-of-partners-85d80d0b/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the principles according to which partnership agreements are to be interpreted after a change of partners. The dispute in the main proceedings is based on the following:...ECJ: Binding Effect for Nullity under Art 101 TFEU2023-05-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-binding-effect-for-nullity-under-art-101-tfeu-3ecf48d2/The European Court of Justice has ruled that in the context of actions for annulment under Art 101(2) of the Treaty on the Functioning of the European Union (hereinafter TFEU), for infringements of competition law, those previously issued decisions i...GER: Competition Law and ‘Affiliate’ Liability2023-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-competition-law-and-affiliate-liability-7366c206/The German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) has addressed the issue of affiliate marketing programmes. The operators of such programmes are not liable for any misleading advertising by an affiliate if the affiliate was actin...OGH: Section 27(3) Tenancy Law and Suspension of Limitations2023-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-section-27-3-tenancy-law-and-suspension-of-limitations-5a69b605/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that Section 27(3) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG) normalises suspension of the statute of limitations. In the case at hand, the plaintif...EU: New Supply Chain Regulation to Stop Deforestation2023-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-new-supply-chain-regulation-to-stop-deforestation-16bc947c/In future, the EU only wants imported products for which forests have been neither degraded nor deforested. The new EU regulation for deforestation-free supply chains adopted by the EU Parliament on 19 April 2023 imposes precisely such a verification...OGH: Painters May Remove Construction Rubble2023-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-painters-may-remove-construction-rubble-21b56c63/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled in an action under competition law that a painting business may also carry out demolition work and collect and dispose of the resulting rubble. This is covered under trade l...OGH: Will Can Be Signed ‘by Mouth’2023-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-will-can-be-signed-by-mouth-169da7b0/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a notarial will can be signed ‘by mouth’. The testator was responsive when making his will in 2019, but could only answer questions by nodding or making eye contact...OGH: No Public Liability after Failure to File for Discontinuance2023-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-public-liability-after-failure-to-file-for-discontinuance-397f6798/If no notice of discontinuance pursuant to Section 108 of the Austrian Code of Criminal Procedure (Strafprozessordnung, hereinafter StPO) is filed, a wrongfully accused person cannot claim damages under public liability. In the original case, the pla...OGH: Expanded Court on Laesio Enormis in Options Contracts2023-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-expanded-court-on-laesio-enormis-in-options-contracts-2318599f/In a decision by an expanded court, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided clarification on the exercise of laesio enormis (lesion beyond moiety) as well as its statute of limitations with regard to options co...ECJ: Teachers’ Consent for Live Video Classes?2023-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-teachers-consent-for-live-video-classes-c5a0d3fa/The European Court of Justice (ECJ) took up the issue of data processing in employment relationships. Do national regulations violate the General Data Protection Regulation (GDPR)? Backdrop of the case was the introduction of live streaming of video ...GER: Consumer Construction Contracts for Single Firms?2023-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-consumer-construction-contracts-for-single-firms-dd261b8c/For the first time, the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) had to rule on the controversial requirements for ‘consumer construction contracts’[1] newly introduced in 2018. If a home is not built by a general contractor ...GER: Right to Live on Own Property Is Seizable2023-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-right-to-live-on-own-property-is-seizable-f15844f9/According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), the right to live on one’s own property can be seized at any time. Thus, cancellation of this right by an insolvency administrator is possible in the event of inso...VwGH: Lawyer Deadline Duties2023-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-lawyer-deadline-duties-0df7b47e/The Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has clarified its case law on the question of to what degree faulty deadline calculations by lawyers allow for a case’s restitution in integrum. In the original proceedings, fines had b...OGH: Borrowers’ Duty to Cooperate2023-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-borrowers-duty-to-cooperate-e1afeba0/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the question of a savings bank's liability arising out of a credit check and a loan promise. The plaintiff had contacted the defendant savings bank abo...OGH: Partial Gifts and Settlements2023-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-partial-gifts-and-settlements-3773fcd4/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with a property transfer between a landlord and the tenant of the building on the landlords’s property. The first plaintiff is the owner of a parcel of land...OGH: Bar Association Not Liable for Lost Client Funds2023-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-bar-association-not-liable-for-lost-client-funds-af3d0dde/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the Austrian Bar Association’s duty to monitor its members is not intended to protect clients. In the original case, the plaintiff’s lawyer had not credited funds inten...OGH: No Interest on Key Deposits2023-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-interest-on-key-deposits-43ea51c4/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that clauses in general terms and conditions are lawful stating that fees for bank-deposit safe keys do not have to earn interest. In the original proceedings, the Austrian Consumer Inf...OGH: Clerical Error Does Not Affect Will’s Validity2023-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-clerical-error-does-not-affect-will-s-validity-dbea2024/In the decision at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with a clerical error in a third-party will, relating to the witnesses. Due to the drafting date, the legal provisions prior to the Austrian Inheritance Law Amendme...OGH: COVID-19 and Reduced Rents2023-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-covid-19-and-reduced-rents-a1a1ebb3/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that officially imposed access restrictions and distancing rules can justify reductions for rent paid for business premises. The plaintiff is the landlord of a ...VfGH: Counterstatements May Be Too Expensive2023-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-counterstatements-may-be-too-expensive-ee68bc9e/The Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has repealed Section 17 (5) of the Austrian Media Act (Mediengesetz, hereinafter MedienG) as unconstitutional, as the cost risk of wrongfully obtained counterstatements can ...OGH on Guarantees under Section 1170b ABGB2023-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-guarantees-under-section-1170b-abgb-458fc568/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that a claim for guarantee under Section 1170b of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) also exists in the case of an a...OGH: Disclosing Data Recipients under GDPR2023-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-disclosing-data-recipients-under-gdpr-39d14b9d/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined a consumer request concerning the disclosing of personal data to third parties. In 2019, the plaintiff had requested information from the defendant about...ECJ: Compensation Rights for ‘Dieselgate’ Car Owners2023-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-compensation-rights-for-dieselgate-car-owners-b380cd0e/The European Court of Justice (ECJ) has found: Buyers of motor vehicles equipped with illegal defeat devices are entitled to claim for compensation from vehicle manufacturers. The plaintiff in the main proceedings pending before a German court had bo...VwGH on Appointing Managers Responsible under Trade Law2023-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-on-appointing-managers-responsible-under-trade-law-878393af/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled that in matters of trade law a responsible representative cannot be appointed pursuant to Section 9(2) of the Austrian 1991 Administrative Penal Code (Verwaltungss...VwGH: Statute of Repose in Plant Approval2023-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-statute-of-repose-in-plant-approval-3bc6b60b/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled that failure to announce the oral hearings in plant-approval proceedings by not publishing such notice on the premises affects the statute of repose of the owners ...VfGH: Mere University Degree Insufficient to Run a Restaurant2023-04-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-mere-university-degree-insufficient-to-run-a-restaurant-9b09faff/The Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has ruled that a university degree is not prerequisite to running a business in the hospitality industry. The corresponding provision of the Austrian Hospitality Ordinance (...OGH: Vacate Agreements in Advance are Unlawful2023-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-vacate-agreements-in-advance-are-unlawful-46e07e38/Benn-Ibler Rechtsanwälte GmbHIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered an open-ended tenancy and the parties' periodic court-enforceable arrangements requiring the tenant to vacate the premises (the Austrian legal term des...OGH: Tenant Claims-Assignation not Illegal2023-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-tenant-claims-assignation-not-illegal-bb37ed35/Benn-Ibler Rechtsanwälte GmbHClient representation under Section 37(3)(9) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG) is permissible even if such activities are carried out on a professional or commercial basis. This does not constitute acting as a bogus soli...First OGH Merits Decision on Diesel Scandal2023-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/first-ogh-merits-decision-on-diesel-scandal-38552338/Benn-Ibler Rechtsanwälte GmbHIn the proceedings at issue, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the claim of a car buyer against the car seller concerning the exhaust-emission control device installed in the diesel motor vehicle. The signifi...OGH: Invalid Clause in Package Tour GTCs2023-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-invalid-clause-in-package-tour-gtcs-4b541243/The 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...VwGH: No Success Bonus for Legal Aid Lawyers2023-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-no-success-bonus-for-legal-aid-lawyers-c23540d7/The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has found the granting of a success bonus for legal aid lawyers to be incompatible with Section 16 (4) of the Austrian Bar Code (Rechtsanwaltsordnung, hereinafter RAO). In t...OGH: Politician ‘Collusion’ Ahead of Committee Interview2023-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-politician-collusion-ahead-of-committee-interview-5f44d6d2/In democratic societies, one of the main functions of the press is to shed a critical light on political events. In so doing, the press must be given the opportunity to fulfil its vital role as a public watchdog. The plaintiff in the case at hand is ...OGH on Proving Easement by Usucaption2023-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-proving-easement-by-usucaption-e655def6/Statements of consent by two real estate owners concerning a right of way are not public deeds according to Section 33(1)(d) of the Austrian Land Register Act (Grundbuchgesetz, hereinafter GBG). Such deeds must contain a reference to the easement to ...ECJ on Mileage-Based Leasing Agreements2023-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-mileage-based-leasing-agreements-f375a26a/The Advocate General of the European Court of Justice (ECJ) has given his opinion on consumer law issues in connection with motor vehicle leasing agreements. The case at hand concerned a mileage-based leasing agreement concluded by a consumer with BM...VwGH: Re-granting Water-Use Rights in Line with EU2023-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-re-granting-water-use-rights-in-line-with-eu-caa998ee/Under Section21(3) of the 1959 Austrian Water Rights Act (Wasserrechtsgesetz, hereinafter WRG 1959) it is only possible to re-grant water-use rights to previous holders of this right. The Austrian Administrative Court (Verwaltungsgerichtshof, hereina...Amendment to the Environmental Impact Assessment Act2023-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/amendment-to-the-environmental-impact-assessment-act-67613693/The long-awaited amendment to the Environmental Impact Assessment Act (UVP-G) was published in the Federal Law Gazette (Bundesgesetzblatt) on 22 March 2023. The aim of the amendment is to accelerate procedures, especially for energy transition projec...Vienna Court: Unlawful Price Adjustment in Verbund GTC2023-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vienna-court-unlawful-price-adjustment-in-verbund-gtc-6daf40dc/The Vienna Commercial Court (Handelsgericht Wien) has overturned a price adjustment clause in the general terms and conditions of Verbund AG, Austria’s largest electricity provider. The decision is not yet in force. Specifically, Verbund AG used a cl...OGH on Data Protection Notices2023-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-data-protection-notices-235c97e3/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) held in its decision from 23 November 2022 that a data protection notice taken note of by consumers in a contract’s General Terms and Conditions does not constitute a mere piece of in...OGH on EU Mobility Directive in Austria2023-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-eu-mobility-directive-in-austria-6fe89a84/Benn-Ibler Rechtsanwälte GmbHThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a detailed opinion on the implementation proposal by the Austrian Federal Government to implement Cross-Border Mobility Directive 2019/2121 at a national level. This implem...OGH: Negative Easements Only Vacated as a Whole2023-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-negative-easements-only-vacated-as-a-whole-a86028e6/Benn-Ibler Rechtsanwälte GmbHIn the absence of an agreement on any restrictions to the building ban, accepting a condition in breach of the building ban for more than three years will lead to loss of rights according to Section 1488 of the Austrian Civil Code (Allgemeines Bürger...OGH on Statutory Deferrals in Public Liability Suits2023-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-statutory-deferrals-in-public-liability-suits-af70184d/The three-month period of Section 8 (1) of the Austrian Public Liability Act (Amtshaftungsgesetz, hereinafter AHG) has no impact on the due date of a claim for damages brought to a legal entity against which an action has been filed. The view that th...OGH: Jurisdiction after Executory Title Violations2023-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-jurisdiction-after-executory-title-violations-17b1e102/If an action violating an executory title has materialised throughout Austria, pursuant to Section 355 of the Austrian Enforcement Regulation (Exekutionsordnung, hereinafter EO) the debtor has the choice of which district court to claim as competent....EU Foreign Subsidies Regulation: Combating Market Distortions2023-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-foreign-subsidies-regulation-combating-market-distortions-bac41c9c/On 12 January 2023, Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022, the so-called Foreign Subsidies Regulation (hereinafter FSR) which is intended to combat distortions of the EU internal market, has enter...OGH: No Trustor Liability for Initial Contribution2023-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-trustor-liability-for-initial-contribution-d2a896d0/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has rejected the principle of direct liability of a trustor for an outstanding initial contribution. Such liability only applies in exceptional cases. This decision was based on the f...Air Passenger Rights: Dead Pilot an ‘Extraordinary Circumstance’?2023-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/air-passenger-rights-dead-pilot-an-extraordinary-circumstance-d46ca7f6/The Advocate General of the European Court of Justice (ECJ) has given her opinion on the question of whether the sudden death of a pilot constitutes an ‘extraordinary circumstance’ within the meaning of the Air Passenger Rights Regulation. A TAP Port...Vienna Civil Court: Debt Judgments Enforcement or Extension2023-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vienna-civil-court-debt-judgments-enforcement-or-extension-6c5dbc27/An enforcement of a claim is deemed to have been completed even if the claim for collection amounts to less than the claim pursued and the claim is paid off in full by a third party debtor. As long as this constellation has not been finalized, an ext...OGH on Vienna Taxi Fares2023-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-vienna-taxi-fares-3cb473b3/ The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered that surcharges on Vienna taxi fares can be interpreted in a sense that they are not compulsory. The plaintiff provides passenger transport services via car taxis. The fi...ECJ on Aggregate Sentences for Prison Terms2023-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-aggregate-sentences-for-prison-terms-da511d0b/A criminal offence committed in another European country does not need to be treated the same as a criminal offence in a fictitious aggregate sentence before a national (in this case: German) court. According to the European Court of Justice (hereina...OGH on Publicising Land Register Data2023-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-publicising-land-register-data-f18cd45f/The 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 on COVID Costs, Price Updating2023-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-covid-costs-price-updating-c6b91b23/If Austrian industrial standard ÖNORM B 2110 is to be applied, pandemic-related additional costs may be passed on to the client. If additional costs are claimed, proof of any such costs must be submitted under Section 1168 (1) sentence 2 of the Austr...OGH: Liability in Snow Removal and Disposing2023-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-liability-in-snow-removal-and-disposing-ff156818/Benn-Ibler Rechtsanwälte GmbHFailure to properly deposit snow after its removal may lead to liability if a victim suffers a fall adjacent to the zone to be cleared. The plaintiff is a tenant in a public housing complex. On 07 March 2018, the plaintiff fell on a slippery patch of...OGH Recognises WhatsApp Marriage2023-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-recognises-whatsapp-marriage-e9274ed1/Benn-Ibler Rechtanwälte GmbHA long-distance marriage ceremony in which the free will of the parties involved is not in doubt does not violate fundamental tenets of Austrian law. The plaintiff and the defendant are Iranian nationals who had a long-term relationship. Before the d...OGH: Austrian Bar Exam and EIRAG Test Are Equivalent2023-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-austrian-bar-exam-and-eirag-test-are-equivalent-ed9f7054/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the Austrian bar exam is equivalent to the aptitude test pursuant to Sections 24 et seq. of EIRAG[1]. In the original case, a Liechtenstein lawyer wanted to act in Aust...ECJ Advocate General on the Montreal Convention2023-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-advocate-general-on-the-montreal-convention-0af6fed9/The Advocate General of the European Court of Justice gave opinion on questions concerning the scope of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter MC). The plaintiff had been a passenge...Vienna Court: Possessory Restoration Claims in Building Law2023-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vienna-court-possessory-restoration-claims-in-building-law-ddf4d281/Benn-Ibler Rechtsanwälte GmbHOutside the core areas of Section 345 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), a possessory claim for restoration according to Section 346 ABGB (analogously) is only to be recognised if its fulfilment does n...Austrian Government Presents New Anti-Corruption Bill2023-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-government-presents-new-anti-corruption-bill-7a3d6e9e/After a long delay and making announcements only, the Austrian government has now submitted its bill for changes in criminal law pertaining to corruption. The focus of the bill is on corruption within the context of elections and running for office. ...GER: Decision on Premium Savings Positive for Savers2023-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-decision-on-premium-savings-positive-for-savers-1917b931/The senate of the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) responsible for banking and capital market law has again ruled on appeals by a consumer protection association against a precedential declaratory judgement delivered ...Austrian Supreme Court: More Gym Membership GTCs Quashed2023-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-more-gym-membership-gtcs-quashed-998582b1/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) once again ruled on the validity of clauses in the General Terms and Conditions (GTC) of fitness studios. The Austrian Association for Consumer Information (Verein für Konsumenteninfo...Austrian Supreme Court on Power of Attorney in Third-party Pledging2023-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-on-power-of-attorney-in-third-party-pledging-24689ab6/Benn-Ibler Rechtsanwälte GmbHNo special power of attorney is required for third-party pledging; a generic power of attorney1 is sufficient. The third defendant granted his brother a general and unlimited power of attorney in a notarised deed which authorised the brother to repre...ECJ: Italian Short-Term Leases Counter EU Law2023-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-italian-short-term-leases-counter-eu-law-d2f3df59/The duty to collect information and the withholding of tax under Italian national law for short-term leases are in conformity with EU law. However, the requirement for non-residents to appoint a tax representative is not, according to the European Co...VfGH: Interest-free Debt Moratorium Is Constitutional2023-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-interest-free-debt-moratorium-is-constitutional-538d07fa/The Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has rejected the request by 403 banks to review the law on the interest-free debt moratorium during the pandemic. Section 2 of Austrian Zweites COVID-19-Justiz-Begleitgesetz...GER: German Federal Supreme Court on Psychological Shock Damages2023-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-german-federal-supreme-court-on-psychological-shock-damages-37c2e9bd/The German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) is turning away from previous case law on claims for damages by next of kin in the case of psychological shock, instead allowing a medically tangible illness to suffice for the ass...OGH: Circumvention transactions in the case of § 5 para 2 WEG2023-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-circumvention-transactions-in-the-case-of-5-para-2-weg-b6694947/Benn-Ibler Rechtsanwälte GmbHSection 5 (2) of the Austrian Condominium Act (Wohnungseigentumsgesetz, hereinafter WEG) favours property owners by means of a 3-year period for the purchase of parking spaces. The purpose of the law requires that a purchase should not only cover the...OGH Reiterates Ruling on Property Division2023-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-reiterates-ruling-on-property-division-1c9c28a6/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has maintained its recent ruling on how to assess diminution in value in the case of gavelkind property division. Rather than using the property’s nominal market value free and clear ...OGH on Duty to Warn in Work and Labour Contracts2023-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-duty-to-warn-in-work-and-labour-contracts-53e1fa98/Benn-Ibler Rechtsanwälte GmbHIf 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 ...HSchG: Austrian National Council Implements Whistleblower Directive2023-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/hschg-austrian-national-council-implements-whistleblower-directive-a37fa640/As of last week (1 February 2023), the Austrian National Council (Österreichischer Nationalrat) has passed the Whistleblower Protection Act (HinweisgeberInnenschutzgesetz; hereinafter HSchG) and its associated amendments. This means that the long ove...VfGH: Mandatory Pre-trial Detention Lifted Also for Serious Crimes2023-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-mandatory-pre-trial-detention-lifted-also-for-serious-crimes-0c2f0b15/The Austrian Constitutional Court (Verfassungsgerichtshof; VfGH) has overturned Section 173 (6) of the Austrian Code of Criminal Procedure (Strafprozessordnung; StPO) as unconstitutional. Even in the case of serious crimes, reasons for detention must...VfGH Overturns Media Data Privilege2023-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-overturns-media-data-privilege-64b8ebd2/The Austrian Constitutional Court (Verfassungsgerichthof, VfGH) has overturned the media’s privilege provided for in Section 9 (1) of the Austrian Data Protection Act (Datenschutzgesetz, DSG) as unconstitutional. Lawmakers are now required to adopt a...OGH: Dynamic Search Ads Are Trademark Violations2023-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-dynamic-search-ads-are-trademark-violations-b0b151bd/Benn-Ibler Rechtsanwälte GmbHAn advertisement created by a third party that uses a specific trademark as a keyword does not violate the rights of the trademark’s owner only if and when viewed as a whole, it is reasonably simple for an averagely informed and reasonably observant ...OGH Comments on Loan Bill Draft Re Senior Citizens2023-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-comments-on-loan-bill-draft-re-senior-citizens-5f9d9c4f/Benn-Ibler Rechtsanwälte GmbHMinisterial Bill Draft 236/ME XXVII GP is intended to amend the Hypothekar- und Immobilienkreditgesetz, hereinafter HIKrG (Mortgage and Real Estate Loans Act) with the intention to facilitate the provision of loans to senior citizens. In its current ...Austrian Administrative Court: E-scooters Are Vehicles2023-02-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-administrative-court-e-scooters-are-vehicles-e8466bdc/Benn-Ibler Rechtsanwälte GmbHOn September 7, 2021, a co-participant with an alcohol content of 0.68 mg/l in his breath drove a mini scooter with an electric drive, thereby violating Section 99 (1a) in conjunction with Section 5 (1) of the Austrian Road Traffic Act (Straßenverkeh...OGH: Invalid Clause in Advisory Board Rights2023-02-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-invalid-clause-in-advisory-board-rights-a7914e13/Benn-Ibler Rechtsanwälte GmbHA foundation’s declaration which makes its scope ‘with regard to’ unspecified ‘staffing’ of the advisory board at least partly dependent on the legal interpretation of its users concerning the existence of violations of ‘mandatory provisions or inter...OGH: Amendment of Terrorist Acts Bill2023-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-amendment-of-terrorist-acts-bill-5191683c/Benn-Ibler Rechtsanwälte GmbHIn 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 nuncupatio2023-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-graphological-assignment-sufficient-for-nuncupatio-b5f9d578/Benn-Ibler Rechtsanwälte GmbHIn 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 Offenses2023-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-liability-for-repeated-reporting-of-criminal-offenses-98f2b6ea/Benn-Ibler Rechtsanwälte GmbHIn 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 ...GER: Bank Fees for Early Repayment Calculations Are Illegal2023-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bank-fees-for-early-repayment-calculations-are-illegal-cba77d13/Banks are not allowed to charge a separate fee for calculating early repayment penalties. This was the decision of the Higher Regional Court of Frankfurt am Main (OLG). Such calculations are part of a bank's secondary contractual obligations towards ...ECJ: No Court Ruling Needed for Removal of False Google Search Info2023-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-no-court-ruling-needed-for-removal-of-false-google-search-info-a1b778e8/Google is required to delete links to websites if they contain provably false information. Anyone who wants to have entries in Google Search removed is therefore not required to first approach those responsible for putting any such information online...Austria: 2023 Crypto Tax Ordinance in Force2023-01-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austria-2023-crypto-tax-ordinance-in-force-7e4a6abb/On 1 January 2023, the Ordinance on the Tax Assessment of Cryptocurrencies (Verordnung zur Ermittlung der Steuerdaten von Kryptowährungen) came into force. If the exact crypto purchasing costs or the purchasing dates are not known to the withholding ...OGH: Division In Kind prior to Inheritance Devolution2023-01-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-division-in-kind-prior-to-inheritance-devolution-c46165aa/The Austrian Supreme Court (Oberster Gerichtshof) recently dealt with the division of inheritance rights prior to devolution, taking into account previous gifts to heirs by the deceased. The plaintiff and the two defendants are the children and lega...OGH: Can Party Membership Cause Discrimination?2023-01-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-can-party-membership-cause-discrimination-df130077/For the very first time, the Austrian Supreme Court (Oberster Gerichtshof) has ruled on whether membership in a political party can constitute discrimination based on personal worldview. In the original case, the plaintiff had applied for the positio...GER: Drugstore Cartel – Damages for Insolvent Schlecker?2023-01-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-drugstore-cartel-damages-for-insolvent-schlecker-81047f09/The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) ruled that if competitors secretly exchange information on price-setting vis-à-vis a joint customer, this underscores the experience in principle that prices that are subsequent...OGH: Temporary Property Manager May Apply for Own Dismissal2023-01-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-temporary-property-manager-may-apply-for-own-dismissal-5b0e4982/Benn-Ibler Rechtsanwälte GmbHA 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 Court2023-01-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-delivery-of-documents-to-the-court-78338627/Benn-Ibler Rechtsanwälte GmbHGovernment 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 minor2023-01-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-representation-via-citizen-card-of-a-minor-ab052a17/Benn-Ibler Rechtsanwälte GmbHThe 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 Areas2023-01-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-joinders-and-common-garden-areas-928c9b7b/Benn-Ibler Rechtsanwälte GmbHIn 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...OGH as Cartel Court: Double Jeopardy for Sugar Cartel2023-01-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-as-cartel-court-double-jeopardy-for-sugar-cartel-56e88128/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), in its capacity as the Supreme Cartel Court, has found anti-competitive conduct affecting the Austrian market by Nordzucker AG and Südzucker AG. Unlike the court of first instance, t...GER: Dark Patterns in Trading Apps Are Illegal2023-01-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-dark-patterns-in-trading-apps-are-illegal-7b8a11d3/The German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, hereinafter BaFin) has recently clarified on its website that the use of so-called dark patterns is not permitted. Dark patterns are features in apps...OGH: Gift Offset to Be Clarified in Contentious Proceedings2023-01-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-gift-offset-to-be-clarified-in-contentious-proceedings-0c43c91e/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified: Even under the new Austrian inheritance law, offsetting of gifts must be clarified in litigation proceedings and not in probate court. In the original case, the decease...OGH: Accident During Loading Not Subject to EKHG2023-01-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-accident-during-loading-not-subject-to-ekhg-d5a82b94/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) again specified what is to be regarded as an accident during operation of a motor vehicle under the Austrian Railways and Motor Vehicles Liability Act (Eisenbahn-...Google Fonts: Response by Google2023-01-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/google-fonts-response-by-google-6b0f4fa1/In a blog post dated 18 November 2022, Google responded to the wave of warnings resulting from the embedding of Google fonts. These recent events were the reason for the following statement. To begin with, Google explains that Google Fonts is a libra...ECJ on Confidentiality Protection in Public Procurement2023-01-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-confidentiality-protection-in-public-procurement-7c969902/In its most recent ruling on public procurement, the European Court of Justice (ECJ) ruled as follows: Protection of confidentiality must be weighed against the requirement of transparency and effective judicial protection. National legislation requi...GER: Whistleblower Protection Act Poised to Go into Effect2023-01-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-whistleblower-protection-act-poised-to-go-into-effect-bcf1057d/The German Bundestag has passed the long-awaited new Whistleblower Protection Act (Hinweisgeberschutzgesetz) containing a number of significant amendments. The law is intended to improve the protection of whistleblowers against possible harassment or...ECJ: Can Temp Workers Be Paid Less?2023-01-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-can-temp-workers-be-paid-less-4af1c731/The European Court of Justice (ECJ) has ruled that temporary agency workers can only be paid less than permanent employees if any such unequal treatment is compensated for by means of a collective agreement. This is intended to ensure the overall pro...OGH: Statute of Limitations for Return of Capital Contributions2023-01-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-statute-of-limitations-for-return-of-capital-contributions-0e93fa38/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that claims for repayment based on the return of capital contributions may become time-barred after three years. The plaintiff company was the owner of a property with a pen...OGH: No Restrictive Interpretation of Section 184 ZPO2022-12-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-restrictive-interpretation-of-section-184-zpo-356f009a/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the right to ask a question under Section 184 of the Austrian Code of Civil Procedure (Zivilprozessordnung, ZPO) is not restricted to facts that lie only within the sphere of t...Unjustified Pricing of the Vienna Semester Ticket Based on Residence2022-12-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/unjustified-pricing-of-the-vienna-semester-ticket-based-on-residence-89f943e0/Benn-Ibler Rechtsanwälte GmbHRecently, 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...Wirecard: Will Shareholders Be Left Empty-Handed for Good?2022-12-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/wirecard-will-shareholders-be-left-empty-handed-for-good-cc025919/The action brought by a capital management company against the insolvency administrator of Wirecard AG for determination of damages claims to be added to the insolvency table continues to be unsuccessful. The Munich Regional Court I stated that claim...ECJ: Parts of the EU Anti-Money Laundering Directive are Invalid2022-12-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-parts-of-the-eu-anti-money-laundering-directive-are-invalid-76623e46/On 22 November 2022, the European Court of Justice (ECJ) declared parts of the EU Anti-Money Laundering Directive to be invalid. The provision that information on beneficial owners of companies registered in the EU must be available to the general pu...GER: Entrepreneurial Status for eBay Sales2022-12-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-entrepreneurial-status-for-ebay-sales-de6c242f/If a seller sells goods in several hundred auctions per year on the eBay internet platform, this constitutes a sustainable activity and is therefore considered an entrepreneurial activity for VAT purposes. In addition, the German Federal Fiscal Court...EU Commission Updates Definition of ‘Relevant Market’2022-12-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-commission-updates-definition-of-relevant-market-4347d812/The EU Commission is updating its publication on the definition of the ‘relevant market’ (i.e. market definition) in competition law and has now presented a comprehensive draft. Many of the proposals are evidently based on proceedings against US tech...OGH: Legal Recourse for Priority Claims in Insolvency2022-12-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-legal-recourse-for-priority-claims-in-insolvency-bbc083b9/The Austrian Supreme Court (Oberster Gerichtshof) has ruled that in deciding on the admissibility of legal action it is not important whether the claim is actually an insolvency claim or a priority claim against the insolvency estate (German term: Ma...GER: BGH: No Annual Fee for Building Savings Contracts in Accrual Phase2022-12-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-no-annual-fee-for-building-savings-contracts-in-accrual-phase-b10952d8/Annual fees in the accrual phase of current building savings contracts (the German financial product is called Bausparvertrag) are illegal. This was the decision of the Senate of the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) r...GER: BGH - General Terms and Conditions and Smart Contracts2022-12-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-bgh-general-terms-and-conditions-and-smart-contracts-36d14ca5/In its decision XII ZR 89/21 from 26 October 2022, the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) dealt with civil law aspects of smart contracts. This ruling, which also bears relevance for Austria, deals with several fundamen...OGH: Review of Bank General Terms and Conditions2022-12-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-review-of-bank-general-terms-and-conditions-294aaebd/In 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,...Austrian Registration Act: Amendments and Details2022-12-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-registration-act-amendments-and-details-ec76a6b8/Benn-Ibler Rechtsanwälte GmbHWith 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 ...OGH: Trademark Law Can Take Precedence over Naming Law2022-12-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-trademark-law-can-take-precedence-over-naming-law-2173c900/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that the use of components of a registered trade mark is unfair if the parties to the dispute use the same surname and sell the same products. The managing director of the plaintiff pri...OGH: Invalid Clauses in Fitness Studio Contracts2022-12-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-invalid-clauses-in-fitness-studio-contracts-ffc459c5/The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has declared some clauses contained in the general terms and conditions of fitness studios to be invalid. Cancelation period ‘The membership agreement can be terminated in writing by ...EU Commission Proposes New Product Liability Directive2022-12-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-commission-proposes-new-product-liability-directive-960acc4b/The European Commission has presented its much anticipated proposal for a new product liability directive. It is intended to replace the old and outdated Product Liability Directive, the initial version of which dates back to 1985. Software is now a ...GER: No Duty to Provide Info on Manufacturers’ Guarantees2022-12-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-no-duty-to-provide-info-on-manufacturers-guarantees-5a187737/Internet merchants do not have to inform consumers in any greater detail about manufacturers' guarantees if such a guarantee is not a central feature of the product offered. This is what the German Federal Supreme Court (Bundesgerichtshof, hereinafte...GER: Triage Regulation Set to Come2022-12-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-triage-regulation-set-to-come-866f28bf/Should ICU beds once again become scarce, sometimes difficult decisions will have to be made as to which patients are entitled to survival-critical intensive care treatment and which are not. Until now, this decision has been made exclusively by doct...OGH: ‘Apparently Official Communication’ No Abuse of Office2022-11-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-apparently-official-communication-no-abuse-of-office-ae8985d1/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that sending an ‘apparently official communication’ does not constitute abuse of office (Section 302 of the Austrian Criminal Code, Strafgesetzbuch). The defendants were, among others, ...OGH: Employment-like Status for Brokerage Agents2022-11-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-employment-like-status-for-brokerage-agents-53c0456d/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has again reiterated case law on the employee-like nature of self-employed agents. The defendant had concluded a business partner agreement with the original plaintiff, who sells insurance and fi...ECJ Advocate General: No Compensation in Data Scandal2022-11-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-advocate-general-no-compensation-in-data-scandal-32ec93fd/The Advocate General stated concerning an Opinion issued by the European Court of Justice (ECJ) that, for the recognition of a claim for compensation for damage suffered by an individual as a result of a breach of the General Data Protection Regulati...Legal Comparison AT/GER: Receipt of E-Mails in Business Transactions2022-11-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/legal-comparison-at-ger-receipt-of-e-mails-in-business-transactions-f5113333/The German Federal Supreme Court (Bundesgerichtshof, BGH) has now settled the question of when a B2B email is actually deemed to have been received. If an email is made available for retrieval on the recipient's mail server during normal business hou...GER: Illegal gambling: No Claim against Bank2022-11-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-illegal-gambling-no-claim-against-bank-31f0ac9c/Anyone who authorises credit card payments to foreign providers when gambling illegally does not have a claim for reimbursement against their bank. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), the legal question...GER: Is Electronic Time Recording on the Way?2022-11-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-is-electronic-time-recording-on-the-way-24401557/The German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG) has made it clear that working hours must be documented. This will spell upheaval for many companies in Germany. In the case at hand, the petitioning works council and the employ...OGH: Tenancy Agreement Termination for Disruptive Behaviour2022-11-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-tenancy-agreement-termination-for-disruptive-behaviour-5338f65e/In a special case constellation, the Austrian Supreme Court (Oberster Gerichtshof, OGH) rejected the termination of a tenancy agreement due to disruptive behaviour under Section 30 para 2 no 3 case 2 of the Austrian Tenancy Act (Mietrechtsgesetz, MRG...OGH: Depreciation of Partitioned Co-Owned Real Property2022-11-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-depreciation-of-partitioned-co-owned-real-property-a9746813/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the depreciation in value in the course of the partition of real estate is to be assessed on the basis of the actual co-ownership structure. In the case at hand, the plaintiff...OGH: Deposit Insurance and Privileged Deposits2022-11-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-deposit-insurance-and-privileged-deposits-40742fb2/The Austrian Supreme Court (OGH) has taken a fundamental look at extended coverage under the Deposit Insurance Scheme (Section 12 of the Deposit Insurance and Investor Compensation Act, hereinafter ESAEG). In the original case, the plaintiff was hold...GER: SDG II Introduces Cash Ban on Real Estate Purchases2022-11-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-sdg-ii-introduces-cash-ban-on-real-estate-purchases-052d4517/In the not too distance future, a cash payment ban on real estate transactions will go into effect in Germany. Additionally, the German government is planning on creating a central office at the federal level for the enforcement of sanctions. For thi...Irish Data Protection Imposes EUR 405m Fine on Instagram2022-11-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/irish-data-protection-imposes-eur-405m-fine-on-instagram-5bbae333/In a press release, the Irish Data Protection Commission DPC recently announced that social network Instagram will have to pay a fine of EUR 405 million for publishing personal data of minors in Ireland. The inquiry by the DPC involved the use of per...OGH: ‘All-in’ Contracts and Part-Time Parental Leave2022-11-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-all-in-contracts-and-part-time-parental-leave-867dc20b/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified how to deal with ‘all-in’1 contracts during parental part-time work. In the original case, the plaintiff had been employed by the defendant as a ‘senior director’ according to the c...OGH: Inheritance Law: When Does a Domestic Partnership Legally End?2022-11-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-inheritance-law-when-does-a-domestic-partnership-legally-end-368184ee/Any testamentary consideration of a partner is cancelled upon dissolution of a domestic partnership according to Section 725 (1) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Now, the Austrian Supreme Court (Oberster Gericht...Austrian Supreme Court Once Again Rebuffs Commerzialbank Creditors2022-11-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-once-again-rebuffs-commerzialbank-creditors-044232bb/Once again, the Austrian Supreme Court (Oberster Gerichtshof, OGH) has found that claims for official liability by creditors of Commerzialbank Mattersburg are without merit. This round, the court primarily addressed the liability of the Austrian Audi...ECJ: Psychological Injury also Compensable after Aviation Accident2022-11-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-psychological-injury-also-compensable-after-aviation-accident-f344dbdd/The European Court of Justice (ECJ) has clarified that under Art 17(1) of the Montreal Convention (MC), psychological injuries can also give rise to compensation claims against airlines. The initial facts of the case were an incident involving a Laud...ECJ - No Diminished Involvement after Conversion into SE2022-11-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-no-diminished-involvement-after-conversion-into-se-803cd3b1/If a company under national law is converted into a European Company (societas Europaea; abbr. SE), the representation of trade unions in the composition of the supervisory board may not be decreased. If national law (in this case, German law) requir...Austrian Supreme Court: No Loss on Delivery to Designated Recipients2022-11-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-no-loss-on-delivery-to-designated-recipients-eeaa7802/If a carrier delivers to a recipient named by the sender either as designated in the consignment note or designated by instruction, no loss during the shipping period can be claimed. It is irrelevant whether the recipient is a fraudster who has bough...Austrian Supreme Court: Quarantine and Recorded-Delivery Mail2022-11-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-quarantine-and-recorded-delivery-mail-57871c7a/Legally mandated self-isolation (quarantine) by a mail recipient prevents the addressee from picking up recorded delivery mail held at the post office for the duration of self-isolation. Therefore, this prevents remedying of undeliverable documents d...GE: BGH Prohibits Disconnection of E-Car Battery by Land-lords2022-11-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ge-bgh-prohibits-disconnection-of-e-car-battery-by-land-lords-f8514a85/The Civil Senate of the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), which is responsible for commercial tenancy law, was asked to rule on the admissibility of a general terms and conditions clause in a tenancy agreement that...GE: Publicly Issued Expert Opinions May Be Quoted2022-10-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ge-publicly-issued-expert-opinions-may-be-quoted-9654f727/Anyone who publicly gives expert statements must accept being quoted in an advertisement, even by name. However, the quote must be correct and it must be made obvious that the average reader would not assume that the statement had been paid for, says...ECJ Advocate General: No Gap-Closing under EUMR2022-10-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-advocate-general-no-gap-closing-under-eumr-dc31f4d6/In a recent Opinion, Advocate General Kokott takes the view that a merger of businesses can be reviewed under Article 102 of the Treaty on the Functioning of the European Union (TFEU) even if a merger does not meet the turnover thresholds for applica...Artificial Intelligence Liability: Proposed EU Directive2022-10-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/artificial-intelligence-liability-proposed-eu-directive-ff59f474/The EU Commission has presented a draft directive to create harmonised civil liability rules on non-contractual liability for damages caused by an artificial intelligence (AI) system. Disclosure of evidence Anyone who asserts or wishes to assert a cl...VfGH: OPEC Headquarters Agreement in Part Unconstitutional2022-10-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-opec-headquarters-agreement-in-part-unconstitutional-35dd3f7a/For the first time, the Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has found sections of an international treaty to be unconstitutional. Two provisions of the Agreement between the Republic of Austria and OPEC (Organisation of Petro...GE: E-Signatures – “Attorney-at-Law” Is Not Sufficient2022-10-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ge-e-signatures-attorney-at-law-is-not-sufficient-eab18ff8/The requirement of a ‘simple signature’ means the simple rendering of a name at the end of a document. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this can be a name printed in typewritten form or a scanned signature at th...ECJ: Compensation for Flight Delays2022-10-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-compensation-for-flight-delays-471b3631/The European Court of Justice (ECJ) has ruled that national bodies responsible for enforcing Air Passenger Rights Regulation (EC) 261/2004 may be authorised by a Member State to require airlines to compensate passengers for delayed flights. However, ...GE: Limitation Period in Tenancy Law Begins with Handover2022-10-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ge-limitation-period-in-tenancy-law-begins-with-handover-0c5865d3/Any claims for damages on the part of a landlord become time-barred only when the rented property is returned. This is true even if more than 30 years have passed since an incident caused damage in the current tenancy. According to the German Federal...OGH: Sharing Maintenance of a Serviceable Property2022-10-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-sharing-maintenance-of-a-serviceable-property-641aaf8b/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the granter of a servitude must also compensate for expenditures on the servient estate if, prior to the creation of the servitude, there was a public-law obligation to, e.g. w...OGH: Mayor’s Interview on Vacancy Tax Is a Personal Matter2022-10-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-mayor-s-interview-on-vacancy-tax-is-a-personal-matter-48b16b22/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that an interview by a mayor on the issue of vacancy taxes does not open the scope of application of the Amtshaftungsgesetz (Liability of Public Bodies Act, hereafter referred to as AHG...ECJ Strengthens Right to Paid Annual Leave2022-10-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-strengthens-right-to-paid-annual-leave-36663cc6/The European Court of Justice (ECJ) is boosting the rights of employees with regard to the expiry of employee leave entitlement. If an annual leave entitlement is acquired during a year in which work is carried out before an employee’s continuous inc...OGH: Compulsory Portion Reduction under Amended Inheritance Law2022-10-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-compulsory-portion-reduction-under-amended-inheritance-law-32a3ffbc/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified the requirements for the exclusion of a reduction of compulsory portions under the amended Austrian inheritance law. In the original case, the deceased had disinherited her granddau...OGH: No Dismissal for One-Time Negligence2022-10-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-dismissal-for-one-time-negligence-882e8805/Benn-Ibler Rechtsanwälte GmbHIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with dismissal under Section 27 (1), last case, of the Salaried Employees Act (Angestelltengesetz, AngG) after an incorrect administration of adrenaline. The plaintiff ...OGH on Dismissals after Warning2022-10-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-dismissals-after-warning-d930aae9/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has made it clear that a dismissal is still in due time if the human resources department issues the dismissal only after the end of a night shift. In the original case, the plaintiff was employe...GE: eBay — How Far May a Negative Review Go?2022-10-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ge-ebay-how-far-may-a-negative-review-go-861f7a45/“Usurious shipping costs!!!” can still be considered a permissible evaluation on eBay, according to the German Federal Court of Justice (Bundesgerichtshof, BGH). This does not constitute abusive criticism and the seller is therefore not legally entit...Turning on Ignition to Close Car Windows is not starting the vehicle2022-10-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/turning-on-ignition-to-close-car-windows-is-not-starting-the-vehicle-6c160192/Benn-Ibler Rechtsanwälte GmbHIn the case at hand, the Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) dealt with the question of whether turning on a vehicle’s ignition without starting the engine in order to close the car windows constitutes ‘putting a vehicle into...ECJ: Lawyers’ Pension Scheme Partly Contrary to EU Law2022-10-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-lawyers-pension-scheme-partly-contrary-to-eu-law-aa2db222/The European Court of Justice (ECJ) has declared the requirements for early retirement pensions for lawyers to be partly contrary to EU law. The original litigation concerned a German-Polish lawyer who worked in Germany, Switzerland, and Austria. In ...Austrian Supreme Court on Residential Property Accessories2022-10-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-on-residential-property-accessories-93cdab11/Benn-Ibler Rechtsanwälte GmbHFor 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 Register2022-10-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-keep-no-secondary-residence-use-out-of-land-register-874c465a/Benn-Ibler Rechtsanwälte GmbHTolerations 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...ECJ: Data Retention vs. Quick Freeze – What Is Legal?2022-10-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-data-retention-vs-quick-freeze-what-is-legal-5ca54dfe/“I talked to Lisa on the phone for 30 minutes yesterday and was logged into the Munich-Pasing radio cell.” According to the European Court of Justice (ECJ), such suspicion-independent storage of network data (so-called data retention) by the state is...OGH: Disclaiming Farm Inheritance Does Not Affect Heirs2022-09-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-disclaiming-farm-inheritance-does-not-affect-heirs-4d7bbdb7/In case a legal heir disclaims their inheritance without effect for their descendants, the legal heirs shall participate as representatives in the selection of the heir to be made pursuant to Section 3 of the Austrian Anerbengesetz (AnerbenG)[1]. Whe...New EU Directive for Adequate Minimum Wages2022-09-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-eu-directive-for-adequate-minimum-wages-38658d1e/The European Union is striving to improve working and living conditions for workers by creating a framework to ensure adequate minimum wages in the future without establishing a standard European minimum wage. In June 2022, the European Parliament an...Cold Progression Soon to Be (Mostly) Austrian History2022-09-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/cold-progression-soon-to-be-mostly-austrian-history-408b0d4e/The draft of an Austrian Government bill to abolish cold progression (which is the Austrian tax term for bracket creep) is now on the table. Tax brackets and deductibles are to be automatically adjusted annually — mostly. New 2023 tax brackets For 20...Germany: Virtual General Meetings Are Here to Stay2022-09-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-virtual-general-meetings-are-here-to-stay-1268090b/At the beginning of July this year, the German Bundestag adopted a bill on virtual general meetings of public limited companies. Online general meetings were initially introduced for a limited term due to the Covid-19 pandemic, but are now to become ...OGH: Provider Obligations in the Case of Domain Name Abuse2022-09-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-provider-obligations-in-the-case-of-domain-name-abuse-e246f21e/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that if the injured party, after having presented relevant information to the domain registry, demands intervention, the domain name provider can be held liable for any...Germany: Corona-related Travel Cancellations vs Cancellation Fees2022-09-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-corona-related-travel-cancellations-vs-cancellation-fees-35050f9c/In three cases brought before the German Federal Supreme Court (Bundesgerichtshof, BGH), travellers had claimed against their tour operators for reimbursement of their deposit fee for travel arrangements which they had booked but cancelled due to the...Google Ignores ECJ: Complaint Filed with French Data Protection Authority2022-09-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/google-ignores-ecj-complaint-filed-with-french-data-protection-authority-cfe7c791/noyb.eu has filed a complaint against Google with the French data protection authority (CNIL). Google has repeatedly used its email platform Gmail to send unsolicited advertising emails without valid consent of the users. noyb (None of Your Business)...OGH: No Liability after FMA's Failed Banking Supervision2022-09-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-liability-after-fma-s-failed-banking-supervision-3cc8012f/Benn-Ibler Rechtsanwälte GmbHThe 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...OGH: Physicians' Rating Portal is Permissible2022-09-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-physicians-rating-portal-is-permissible-574227dc/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has declared the processing of personal data of physicians by a rating platform to be permissible. A Vienna ophthalmologist and the Vienna Medical Association sued a physicians' rating platform w...DE: Temporary Weakness of Will May Result in Impropriety of Gifting2022-09-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-temporary-weakness-of-will-may-result-in-impropriety-of-gifting-6b1aaebd/The German Federal Court of Justice (Bundesgerichtshof, BGH) held that an individual’s temporary condition of being easily influenced or having a weak will may well be of importance in the assessment of the propriety of a gift. The case at hand invol...VwGH: Complaints But No Appeals for Chamber of Labour2022-09-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-complaints-but-no-appeals-for-chamber-of-labour-3615c6ef/The Austrian Administrative Court (Verwaltungsgerichthof, VwGH) has clarified that the Chamber of Labour (Arbeiterkammer, AK) does have the right to file a complaint against decisions involving the revocation of business licenses for personnel leasin...OGH Requests ECJ Interpretation of Consumer Rights Directive2022-09-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-requests-ecj-interpretation-of-consumer-rights-directive-58975c4f/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has requested the European Court of Justice (ECJ) to rule on whether the automatic renewal of a distance contract should give rise to a new right of withdrawal. The starting point was a case pend...Austrian Supreme Court: Right to Copy of Rulings for Interveners2022-09-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-right-to-copy-of-rulings-for-interveners-499a97e7/Benn-Ibler Rechtsanwälte GmbHIf 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...Wave of complaints about Use of Google Fonts on Corporate Websites2022-09-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/wave-of-complaints-about-use-of-google-fonts-on-corporate-websites-271ce53c/Recently, numerous Austrian companies received a letter from a lawyer requesting them to accept a claim for damages and representation costs in the amount of EUR 190.00 based on their use of Google Fonts on their company website and to settle the cla...DE: Are Airlines Liable for Partner Carrier Delays?2022-09-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-are-airlines-liable-for-partner-carrier-delays-46552fa2/According to the German Federal Court of Justice (Bundesgerichtshof, BGH), if a trip consisting of several flights is booked with one airline, this trip is to be regarded as one single unit. If there is a delay, passengers can make a claim against th...VwGH: EU Trade Mark Purchase as Concealed Distribution2022-09-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-eu-trade-mark-purchase-as-concealed-distribution-b7712338/The Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has affirmed that the purchase of an EU trade mark is a covert distribution if the trade mark is identical to a company's previous name lettering. The appellant was a limited liability ...OGH: Public Liability and Indirect Federal Administration2022-09-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-public-liability-and-indirect-federal-administration-d9017fa3/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has determined that any wrongful conduct by members of provincial administrative courts (Landesverwaltungsgericht, LVwG) is to be attributed to the federal government under public liability law o...GERMANY: Rent increase after renovation – Informations for renters2022-09-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-rent-increase-after-renovation-informations-for-renters-349846be/The German Federal Court of Justice (Bundesgerichtshof, BGH) recently had to rule on the formal criteria required in rent increase notices by landlords, following modernisation measures. Landlords must provide precise details of the costs required fo...GERMANY: New German Corporate Governance Code2022-09-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-new-german-corporate-governance-code-86b48149/The new German Corporate Governance Code (Deutscher Corporate Governance Kodex, DCGK) 2022 came into force on 27 June 2022. In its current version, the code incorporates, among other things, the German Financial Market Integrity Strengthening Act (Ge...Austrian Supreme Court: No Business License, No Competition2022-09-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-supreme-court-no-business-license-no-competition-54211723/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a violation of Section 7 of the Salaried Employees Act (Angestelltengesetz, AngG) can occur even if an employer does not have a license for the business line in question. The plain...Austrian Administrative Court: Special Tax Rate for Foreign Bank Derivatives2022-09-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-administrative-court-special-tax-rate-for-foreign-bank-derivatives-e4f48e44/The Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has ruled that income from non-securitised derivatives may be subject to a reduced tax rate even if they are handled through a foreign bank. The previous regulation was in violation of ...DE: ECJ Decision – Do Late Flight Arrivals Constitute Cancellation?2022-08-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-ecj-decision-do-late-flight-arrivals-constitute-cancellation-2866bb19/The Court of Justice of the European Union (ECJ) must currently decide by way of preliminary ruling to what extent compensation under the EU Passenger Rights Regulation requires a passenger’s appearance at check-in in cases where passengers know that...OGH: Fictitious Managing Director's Salary as Compensation for Damages2022-08-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-fictitious-managing-director-s-salary-as-compensation-for-damages-8995e5c2/In case a contract-fulfilling party does not conclude a coverage agreement, only the abstract calculation of damages can be considered. A lease agreement for a hospitality business was concluded between the plaintiff (lessee) and the defendant (lesso...OGH on the Exclusion of Compensation Waivers2022-08-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-exclusion-of-compensation-waivers-7ad2bcee/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether an insurance company's obtaining knowledge of a claim in a way other than through the policy holder precludes exemption from payment of com...VwGH: Airbnb’s ‘Commercial Use’ As Defined by the Vienna Building Code2022-08-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-airbnb-s-commercial-use-as-defined-by-the-vienna-building-code-5f9e83ad/The Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has ruled that in determining commercial use for short-term accommodation purposes (e.g. on Booking.com and Airbnb) within the scope of Section 7a (3) of the Vienna Building Code, a con...DE: Federal Court of Justice on VW Emissions Scandal Limitations2022-08-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-federal-court-of-justice-on-vw-emissions-scandal-limitations-ccdb816c/Diesel plaintiffs can only hope to receive money in a time-barred claim for damages if their vehicle is a new VW. In the case of other makes with VW engines, there is no claim for so-called compensation for any residual damages, according to the Germ...DE: Timing Is Critical in Dealing with Defects in the Purchase of Real Estate2022-08-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-timing-is-critical-in-dealing-with-defects-in-the-purchase-of-real-estate-01ebc287/Should a purchaser be represented by an agent without power of attorney when concluding a contract for the purchase of real estate, the time at which the purchaser submits their authorisation is critical should the purchaser become aware of any defec...OGH: Rent Surrender to Property Purchaser2022-08-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rent-surrender-to-property-purchaser-9dcd48e6/Benn-Ibler Rechtsanwälte GmbHIn 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 Contractor2022-08-19T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-right-of-recourse-by-a-general-contractor-8c240164/Benn-Ibler Rechtsanwälte GmbHIn 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...Laesio enormis in the Case of a Purchased Object with Insidious Spreading Loss:2022-08-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/laesio-enormis-in-the-case-of-a-purchased-object-with-insidious-spreading-loss-3d4ce7cd/Benn-Ibler Rechtsanwälte GmbHIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether, when assessing the disproportion between performance and counter-performance in the case of reduction of a sum by more than half (laesio e...Consumer Protection Sec 3 Applies in Reverse Consumer Transactions2022-08-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/consumer-protection-sec-3-applies-in-reverse-consumer-transactions-e5498e38/Benn-Ibler Rechtsanwälte GmbHPart 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...GERMANY: Burden of Proof in Travel Compensation2022-08-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-burden-of-proof-in-travel-compensation-9e258cde/The German Federal Supreme Court (Bundesgerichtshof, BGH) ruled on the burden of proof by a tour operator with regards to claim for reasonable compensation in the case of cancella-tion of a trip by travellers before the beginning of a trip. Even if a...GERMANY: BGH on the Scope of the Right to a Fair Hearing2022-08-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-bgh-on-the-scope-of-the-right-to-a-fair-hearing-16b7c674/According to the German Federal Supreme Court (Bundesgerichtshof, BGH), the defendant's right to be heard is violated if the court of appeal awards the plaintiff more than they originally requested. It is true that in the case of a uniform matter in ...Three Staples Create External Document Unity2022-08-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/three-staples-create-external-document-unity-d85247d7/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a testamentary disposition made in any form other than hand-written is valid if multiple sheets of paper are physically connected by three staples attached to the sides of the page...EU Parliament Approves Digital Services Act and Digital Market Act2022-08-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-parliament-approves-digital-services-act-and-digital-market-act-ede68ff7/On 07 July 2022, the EU Parliament passed the Digital Services Act and the Digital Markets Act. The Digital Services Act provides for uniform horizontal rules on due diligence and liability exclusions for intermediary services. The Digital Markets Ac...No Retroactive Legalisation of Secondary residences in Salzburg2022-08-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/no-retroactive-legalisation-of-secondary-residences-in-salzburg-bab1376e/The Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has annulled the retroactive legalisation of secondary residences contained in the Salzburg Regional Planning Act 2009 (Sbg ROG 2009), as amended after the 2017 ROG amendment, as being ...Germany: No Claim Extension in Appeals2022-08-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-no-claim-extension-in-appeals-a3810c98/Changing the matter in litigation during appeal proceedings in order to increase the likelihood of success of the action is not permissible. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), such a change would affect the intere...Germany: New Supply Chain Due Diligence Act (LkSG)2022-07-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-new-supply-chain-due-diligence-act-lksg-8475e649/The new German Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz, LkSG) will come into force on 1 January 2023. This Act introduces new corporate due diligence requirements for corporate management as well as control duties for sup...Germany’s DiRUG: More Efficient Data Transmission in the EEA2022-07-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-s-dirug-more-efficient-data-transmission-in-the-eea-6de118b7/The Act on the Implementation of the Digitalisation Directive (Gesetz zur Umsetzung der Digitalisierungsrichtlinie, DiRUG) is due to come into force in Germany on 1 Au-gust 2022. The DiRUG will implement Directive (EU) 2019/1151 with regard to the us...Whistleblower Directive: Ready for Implementation in Austria2022-07-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/whistleblower-directive-ready-for-implementation-in-austria-b26232ab/The Whistleblower Directive (2019/1937/EU) is being implemented in Austria. Currently, a draft bill, the Whistleblower Protection Act (HinweisgeberInnenschutzgesetz, HSchG) is available. The final decision is expected in autumn, the purpose of the Ac...OGH: Nuncupation Not Necessary in the Case of a Notarial Will2022-07-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-nuncupation-not-necessary-in-the-case-of-a-notarial-will-951abd8e/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that when a testamentary disposition is drawn up before a notary, no personal nuncupation is required. The deceased and his wife concluded a 'contract of inheritance together with a will' i...OGH: On the Inherent Unity of Testamentary Dispositions2022-07-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-inherent-unity-of-testamentary-dispositions-cc7fdd68/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that in the case of a testamentary disposition that was not handwritten, the mere continuing of text on another page is not sufficient to establish the internal unity of a document. In ...OGH: Giphy Takeover by Facebook Permitted2022-07-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-giphy-takeover-by-facebook-permitted-2c17e56d/The Austrian Supreme Court (Oberster Gerichtshof, OGH), as the highest cartel court, has confirmed non-prohibition of the takeover of the GIF platform Giphy by Meta Inc (Facebook), but subject to certain requirements. Facebook parent Meta Inc bought ...VfGH: Compulsory Vaccination Act Is Constitutional2022-07-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-compulsory-vaccination-act-is-constitutional-67bd59ad/The Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has declared the COVID 19 Compulsory Vaccination Act to be in conformity with the Austrian Constitution. An appellant from Vienna argued in summary that the available vaccines were unsu...New Vertical BER in Place2022-07-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-vertical-ber-in-place-43851a9c/The EU Commission's new Vertical Block Exemption Regulation (Vertical BER) has been in force since 1 June 2022. It replaces the previous regulation from 2010. The main changes are briefly outlined in the following: Two-way Distribution (Article 2(4))...ECJ: Without a realistic terrorist threat, passenger data is taboo2022-07-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-without-a-realistic-terrorist-threat-passenger-data-is-taboo-4107271a/The European Court of Justice (ECJ) has ruled: The permission to process and transfer so-called PNR data (Passenger Name Record) for flights crossing an external EU border is to be interpreted very narrowly. Without a current and real terrorist threa...Germany: Will YouTube be held liable for its users in the future?2022-07-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-will-youtube-be-held-liable-for-its-users-in-the-future-3b10070d/The German Federal Supreme Court (BGH) has recently had to decide, among other things, on the liability of the operators of YouTube, an internet platform, for copyright infringements committed by third parties using this service. In the future and un...OGH on the Right to Choose between Obtaining a Remedy or a Refund2022-07-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-right-to-choose-between-obtaining-a-remedy-or-a-refund-50bd23f9/The Austrian Supreme Court (OGH) has more precisely explained when buyers are bound by their choice between obtaining either a remedy or a refund of the purchase price (Section 932 Austrian General Civil Code). The plaintiff bought a new car from the...OGH Defines ‘Significant Remodelling Measures’2022-07-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-defines-significant-remodelling-measures-eac621a5/Benn-Ibler Rechtsanwälte GmbHWhen a consumer enters into contracts with different businesses for ‘significant remodelling measures’, each agreement is to be assessed separately. Individual contracts do not constitute a ‘substantial remodelling measure’ within the meaning of Sect...OGH: Arbitrary Actions with Disputed Funds2022-07-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-arbitrary-actions-with-disputed-funds-790a7094/Sums of money transferred to a person by erroneous means may, under certain circumstances, not fall under the case facts described in Section 1440 sentence 2 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Together wit...EU Changes Requirements for Sanctions Enforcement2022-07-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-changes-requirements-for-sanctions-enforcement-1feb7562/In connection with the Russia sanctions, the European Union has recently imposed stricter requirements on member states regarding the enforcement of sanctions and the punishment of sanctions violations. Art 8 (1) of Regulation 833/2014 as amended and...BMJ: Corporate Digitization Act under Review2022-07-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bmj-corporate-digitization-act-under-review-be203460/The Austrian Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) has submitted the Company Law Digitization Act for review which is designed to implement European Company Law Digitization Directive 2019/1151. When establishing a GmbH (pri...Germany: New SDG I for Effective Implementation of Sanctions2022-07-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-new-sdg-i-for-effective-implementation-of-sanctions-d4dc4e81/The new German Sanctions Implementation Package I (SDG I) was announced on May 28, 2022. It is intended to enable a more effective enforcement of EU sanctions imposed against Russia. The SDG I changes the existing Foreign Trade and Payments Act, the ...BMK: Electricity price cost compensation under review2022-07-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bmk-electricity-price-cost-compensation-under-review-b0d766c2/Recently, the federal government announced a comprehensive anti-inflation package. Part of this is to compensate for the increased electricity costs for particularly energy-intensive companies. The Ministry of Climate Protection (Klimaschutzministeri...DE: Schufa - Data processing after termination of insolvency proceedings2022-07-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-schufa-data-processing-after-termination-of-insolvency-proceedings-1bae531a/The German Higher Regional Court (Oberlandesgericht, OLG) of Schleswig-Holstein ruled: Schufa is allowed to process the data of an insolvency debtor for a maximum of six months after the insolvency proceedings have been cancelled. In March 2020, the ...OGH: Rent reduction to zero for "bakery-cafe" in lockdown2022-07-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-rent-reduction-to-zero-for-bakery-cafe-in-lockdown-ce8f5c4b/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that a "bakery-cafe" in an industrial zone did not have to offer a delivery or pick-up service during a lockdown, which meant that the property was completely unusable. The plaintiff is the...OGH on the obligation to strew salt and clear a too-wide pavement2022-07-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-obligation-to-strew-salt-and-clear-a-too-wide-pavement-ea816f51/A property owner is obliged to strew salt/gravel and clear a pavement over its entire width, provided that the pavement boundary facing away from the road is not more than 3 metres away from his property. This also applies to a pavement wider than 3 ...OGH: On the duty of an endowment recipient to provide information2022-07-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-duty-of-an-endowment-recipient-to-provide-information-3b0fa303/According to the Austrian Supreme Court (Oberster Gerichtshof, OGH), the right to information under Section 786 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) in the version of the Inheritance Law Amendment Act (Erbrechts-Ände...BVwG: No penalty for ex-ÖVP government member2022-06-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bvwg-no-penalty-for-ex-oevp-government-member-3615fb14/In the case at hand, the Austrian Federal Administrative Court (Bundesverwaltungsgericht, BVwG) ruled that the right of the former government member to refuse to testify was admissible, as he was able to prove the risk of criminal prosecution. In the...The end for gas heating: Renewable Heat Act under review2022-06-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/the-end-for-gas-heating-renewable-heat-act-under-review-6470e120/The Ministry of Climate Protection (Klimaschutzministerium, BMK) has submitted the draft of the Renewable Heat Act (Erneuerbare-Wärme-Gesetz, EWG) for review. It is intended to initiate the phase-out of fossil-fuel heating systems. In new buildings, ...OGH on the duty of care of a whirlpool owner2022-06-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-duty-of-care-of-a-whirlpool-owner-fecb1e8b/In the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the duty of care of a whirlpool owner. At a party, the plaintiff had suffered legionella pneumonia due to the whirlpool. The legionella formed due to a biofilm, as t...OGH: Drunkenness not a "daily life hazard"2022-06-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-drunkenness-not-a-daily-life-hazard-8e5364a5/According to the Austrian Supreme Court (Oberster Gerichtshof, OGH), heavy drinking in road traffic is not a "daily life hazard" (“Gefahr des täglichen Lebens”) and does not constitute an insured event. In the original case, the son of the liability-...OGH on designed speed in the EKHG2022-06-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-designed-speed-in-the-ekhg-c652bc2f/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that an electric forklift whose maximum speed is electronically limited to less than 10 km/h does not fall within the scope of the Railway and Motor Vehicle Liability Act (Eisenbahn- un...OGH: Claim for payment by electricity producer in event of bottlenecks2022-06-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-claim-for-payment-by-electricity-producer-in-event-of-bottlenecks-0a0975f5/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed, among other things, a producer's claim for payment in case of measures against power bottlenecks ordered by control area managers. The defendant is a control area ...DE: Wirecard annual financial statements for 2017 and 2018 void2022-06-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-wirecard-annual-financial-statements-for-2017-and-2018-void-035abc49/Wirecard's financial statements for 2017 and 2018 as well as the resolutions on the appropriation of profits at the associated annual general meetings are null and void. This was the decision of the Munich Regional Court I (Landgericht München I) in ...DE: In case of damage to health - no shortening of the warranty claim2022-06-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-in-case-of-damage-to-health-no-shortening-of-the-warranty-claim-f039d537/A shortening of the statutory warranty obligation in the law of sales is not permissible if damage to health is also included. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this would be a violation of mandatory law. The buy...OLG Linz: Exclusion clause in legal expenses insurance inadmissible2022-06-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/olg-linz-exclusion-clause-in-legal-expenses-insurance-inadmissible-36e71f53/The Linz Higher Regional Court (Oberlandesgericht, OLG Linz) declared a clause in the General Insurance Conditions for Legal Expenses Insurance (Allgemeinen Versicherungsbedingungen für Rechtsschutzversicherungen) of the insurance company Wüstenrot V...OLG Vienna: Ryanair check-in fee invalid2022-06-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/olg-vienna-ryanair-check-in-fee-invalid-10548db6/The Vienna Higher Regional Court (Oberlandesgericht Wien, OLG Wien) declared 23 clauses in Ryanair's General Terms and Conditions invalid. This also includes the fee that passengers had to pay for a check-in at the airport if they had not checked in ...OGH: No change of jurisdiction in case of phobia of a court building2022-06-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-change-of-jurisdiction-in-case-of-phobia-of-a-court-building-2ddcc6d5/The Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of whether the fear of a courthouse allows a change of jurisdiction of a court according to Section 31 of the Jurisdiction Code (Jurisdiktionsnorm, JN). The plaintiff sought...OGH on the unalterable determination of damage2022-06-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-unalterable-determination-of-damage-99652ef8/The short statute of limitations of Section 1489 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) does not start to run before the actual occurrence of the damage. If there is uncertainty as to whether damage has occurre...OGH: Hotel and gastronomy industry not a "seasonal industry”2022-06-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-hotel-and-gastronomy-industry-not-a-seasonal-industry-871106f8/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that the hotel and gastronomy industry is not an "industry in which seasonal businesses predominate" as defined in Section 1159 para 2 of the Austrian General Civil Code (Allgemeines Bü...DE: What information must a consumer loan contract contain?2022-06-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-what-information-must-a-consumer-loan-contract-contain-7df26578/In consumer loan contracts, the information on the interest rate on arrears must include the specific percentage rate applicable at the time of the conclusion of the contract. The German Federal Supreme Court (Bundesgerichtshof, BGH) thus changes its...OGH: Maintenance obligation of a newly created living space2022-06-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-maintenance-obligation-of-a-newly-created-living-space-dbd99cff/The Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of how the landlord's duty of maintenance is structured when it concerns living space the tenant creates at his own expense. The plaintiff and the defendant have an existing...FMA: New lending standards for residential real estate loans2022-06-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/fma-new-lending-standards-for-residential-real-estate-loans-e3bea6d1/The Financial Market Authority (Finanzmarktaufsicht, FMA) has submitted the Credit Institutions Real Estate Financing Measures Regulation (Kreditinstitute-Immobilienfinanzierungsmaßnahmen-Verordnung, KIM-V) for review. It changes the lending standard...OGH on the waiver of an inheritance2022-06-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-waiver-of-an-inheritance-b7c30375/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that the granting of a right to use a dwelling constitutes a consideration and not a motive for a gratuitous waiver of an inheritance. The subject matter of the case was a family inheritanc...DE: Rent repayment claims assignable to debt collection agencies?2022-06-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-rent-repayment-claims-assignable-to-debt-collection-agencies-999f15e1/It is covered by the authority of a debt collection service provider under the Legal Services Act (Rechtsdienstleistungsgesetz) if he is commissioned, on the one hand, to reclaim the rent from the landlord and, on the other hand, to request the landl...DE: No appeal because of missing "ü"?2022-06-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-no-appeal-because-of-missing-ue-bc7ff5c7/If attachments are sent to the court via the special electronic lawyer's mailbox (beA), the file name may also contain umlauts such as an "ü". According to the German Federal Supreme Court (Bundesgerichtshof, BGH), if the court computer misses the do...No Austrian enforcement power in case of house searches abroad2022-06-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/no-austrian-enforcement-power-in-case-of-house-searches-abroad-498860b0/In the present case, the Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) addressed a house search carried out in the Netherlands at the request of the Austrian Federal Competition Authority. In the business premises of the party filing t...OGH: Written form of verbal power of attorney in the tenancy agreement2022-06-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-written-form-of-verbal-power-of-attorney-in-the-tenancy-agreement-3982ea3c/A written reference to acting (also) in another's name is not required either for the effectiveness of the proxy or for the fulfilment of the written form requirement for temporary tenancy agreements. A tenancy agreement limited to 3 years was conclu...Inflation: Higher commuter allowance and lower energy levies2022-06-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/inflation-higher-commuter-allowance-and-lower-energy-levies-37c407bf/In order to compensate for increased energy prices, the legislator has decided on a temporary increase of the commuter allowance and a reduction of various energy levies. Commuter allowance and “commuter euro” (Section 124b Z 395 of the Income Tax Ac...Instalment Payment and amended Gas Market Model Regulation2022-06-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/instalment-payment-and-amended-gas-market-model-regulation-ade37f09/This article provides a brief overview of two regulations issued by the E-Control Board in connection with the Austrian energy market. Instalment Payment Regulation (Ratenzahlungs-Verordnung): Section 82 para 2a of the Electricity Industry and Organi...OGH: No security for legal costs after Brexit2022-06-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-security-for-legal-costs-after-brexit-13fce620/In the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the imposition of security for legal costs on a British plaintiff. The plaintiff is a British citizen. He sought a sum of GBP 27,200 from the defendant and a declar...OGH: Right to a partial copy of the divorce settlement2022-05-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-right-to-a-partial-copy-of-the-divorce-settlement-1b076e14/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that an application for the issuance of a partial copy of a divorce settlement for submission to the land registry court is to be granted in accordance with Section 178 para 4 of the Non-Co...OGH: Capability of a legal successor of a gambling website to be sued2022-05-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-capability-of-a-legal-successor-of-a-gambling-website-to-be-sued-e726a7cf/In the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the scope of a contract succession by the operator of a gambling website. The plaintiff concluded a framework agreement and various gambling contracts with the oper...OGH: Hunting guide is the sole proper plaintiff under Section 364 ABGB2022-05-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-hunting-guide-is-the-sole-proper-plaintiff-under-section-364-abgb-4f6ae0a9/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the right of a hunting co-partner of a hunting lease in the course of an application for injunctive relief. The defendant is the owner of a property which adjoins p...OGH: No compensation in case of failure to wear a seat belt2022-05-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-compensation-in-case-of-failure-to-wear-a-seat-belt-5b27ce59/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that the obligation to wear a seat belt in motor vehicles is intended to prevent personal injury, but not damage to the vehicle. The plaintiff operates a bus company. The defendant was a pa...DE: Advance on transport costs due to subsequent performance2022-05-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-advance-on-transport-costs-due-to-subsequent-performance-53d849ce/According to the German Federal Supreme Court (Bundesgerichtshof, BGH), a valid request for subsequent performance by the buyer requires that the object of sale be made available at the place of delivery of the subsequent performance. The buyer is en...DE: Rebuff of the "day-by-day" calculation for damages upheld2022-05-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-rebuff-of-the-day-by-day-calculation-for-damages-upheld-01d4df15/In its ruling of March 22, 2022, the German Federal Supreme Court (Bundesgerichtshof, BGH) confirmed its abandonment of the "day-by-day" method of calculating damages for pain and suffering. The method also appeared to be unsuitable as a "plausibilit...OGH: Incidental damage caused by repair work and procurement2022-05-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-incidental-damage-caused-by-repair-work-and-procurement-66a8e4eb/If, in the course of remedying defects, necessary preparatory and follow-up work requires damage of property belonging to the builder, insurance coverage exists even if the policyholder does not act as the builder's direct contractor. The plaintiff r...DE: BGH rejects "day-by-day" calculation of damages for pain2022-05-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-bgh-rejects-day-by-day-calculation-of-damages-for-pain-6debe37d/The German Federal Supreme Court (Bundesgerichtshof, BGH) turns its back on the "day-by-day" calculation of damages for pain and suffering. In the case at hand, the plaintiff suffered significant injuries in a traffic accident. As a result, his right...ECJ: Tourist card is a voucher within the meaning of the VAT Directive2022-05-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-tourist-card-is-a-voucher-within-the-meaning-of-the-vat-directive-ec81bb7f/The European Court of Justice (ECJ) has ruled that a card which allows tourists to visit certain attractions up to a certain value at a reduced price during a certain period of time is a voucher within the meaning of Art 30a of the VAT Directive. The...BMJ adjusts late withdrawal for life insurance policies2022-05-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bmj-adjusts-late-withdrawal-for-life-insurance-policies-d3ef1e9c/The Austrian Federal Ministry of Justice has presented a government bill to amend the Insurance Contract Act (Versicherungsvertragsgesetz, VersVG). It is now to be clarified that in the event of a late withdrawal from a life insurance policy, all pre...Update: On the implementation of the Directive on representative actions2022-05-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/update-on-the-implementation-of-the-directive-on-representative-actions-24e58ad3/The European "Directive on representative actions for the protection of the collective interests of consumers and repealing" (Directive 2020/1828) of November 25, 2020 obliges member states to establish a procedure for collective redress and adequate...OGH: Copyright or editorial secrecy?2022-05-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-copyright-or-editorial-secrecy-dcf9e3cb/In the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) was called upon to balance the request for information - about the producer of the copyright infringing material of the right holder, in order to protect his ownership right ...Maklergesetz: Government plans buyer principle for residential rentals2022-05-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/maklergesetz-government-plans-buyer-principle-for-residential-rentals-9a301b43/The Austrian Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) has submitted its draft for the introduction of the "Bestellerprinzip" (buyer's principle) for the brokerage of residential tenancy agreements for review. In the future, onl...DE: Is the state liable in case of a corona-related business closure?2022-05-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-is-the-state-liable-in-case-of-a-corona-related-business-closure-b210d9ed/The German Federal Supreme Court (Bundesgerichtshof, BGH) decided: A restaurateur is neither entitled to compensation nor to damages against the state due to a corona-related area-wide temporary business closure. In the case at hand, a restaurateur h...ECJ: Air passenger rights in the event of a delay in a third country2022-05-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-air-passenger-rights-in-the-event-of-a-delay-in-a-third-country-ae137203/The European Court of Justice (ECJ) was called upon to clarify whether the EU Air Passenger Rights Regulation also applies when a flight departs with a transfer in the EU but the delay only occurs on the second leg of the flight, which takes place in...OGH on curatorship for GmbH shareholders2022-05-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-curatorship-for-gmbh-shareholders-de84f22b/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has decided that the mere fact that the mother and the children are shareholders does not in itself justify the appointment of a curator. In the case at hand, the two minors as well as the mother...OGH: Members of a cooperative have right of inspection under the GDPR2022-05-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-members-of-a-cooperative-have-right-of-inspection-under-the-gdpr-8707149e/Article 6 of the General Data Protection Regulation (GDPR) regulates the facts that justify the processing of data, whereby several standards of permission exist side by side. All facts are equivalent and consent does not necessarily have to be fulfi...EU Commission: Temporary Crisis Framework for economic support2022-05-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-commission-temporary-crisis-framework-for-economic-support-f5c7354b/The European Commission has adopted an addition to state aid law due to Russia's invasion of Ukraine. The Temporary Crisis Framework is intended to provide new possibilities for member states to support businesses, in coordination with existing state...DE: Bill to simplify cross-border deliveries between EU member states2022-05-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-bill-to-simplify-cross-border-deliveries-between-eu-member-states-7674c6f2/A new draft law of the Federal Government aims to significantly simplify and accelerate the taking of evidence and cross-border deliveries between EU member states. In the future, requests for legal assistance between individual member states are to ...DE: Reasonableness of personal delivery of a brief2022-05-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-reasonableness-of-personal-delivery-of-a-brief-3dba5416/If a court handling an application for reinstatement considers the personal delivery of a brief to be a reasonable means of delivery, the applicant must be given the opportunity to respond before the decision on reinstatement is made. If this is not ...OGH: Termination of a student dorm room due to Distance Learning2022-05-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-termination-of-a-student-dorm-room-due-to-distance-learning-76eb46bf/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has decided that the switch to distance learning at a university entitles the student to terminate a student dormitory prematurely. In the case at hand, the student from Slovakia had rented a roo...OGH: Consequences of late withdrawal from a life insurance2022-05-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-consequences-of-late-withdrawal-from-a-life-insurance-5e7de6e3/The Austrian Supreme Court (Oberster Gerichtshof, OGH) decided that Section 176 para 1 of the Insurance Contract Act (Versicherungsvertragsgesetz, VersVG) is contrary to EU law if it provides the same legal effects for the withdrawal from an endowmen...OGH: On the reference value of a job-related invention2022-05-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-reference-value-of-a-job-related-invention-4dbaab1a/In the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the remuneration for a job-related invention to be discussed in the course of a step-by-step action. The plaintiff was an employee of the defendant or its legal pred...HG Wien: Terms of use of WhatsApp are targeted2022-05-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/hg-wien-terms-of-use-of-whatsapp-are-targeted-4b8a7daf/The Austrian Association for Consumer Information (Verein für Konsumenteninformation, VKI) took the operator of the well-known messaging service "WhatsApp" to the Vienna Commercial Court (Handelsgericht Wien, HG Wien) because of some of its terms of ...DE: Provisional application of CETA upheld by BVerfG2022-04-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-provisional-application-of-ceta-upheld-by-bverfg-d0f05c9c/The German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) had to decide on an action filed by the Left Party (“Die Linke”) parliamentary group in the Bundestag and on other numerous constitutional complaints against the provisional a...OGH: Prohibition of sale prevents joining foreclosure proceedings2022-04-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-prohibition-of-sale-prevents-joining-foreclosure-proceedings-47154e1f/The Austrian Supreme Court (Oberster Gerichtshof, OGH) clarified that a prohibition of encumbrance and sale also prevents joining an existing forced foreclosure procedure. In the case at hand, the obligated party and his wife each owned half of a pro...ECJ on the "order with obligation to pay" button2022-04-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-the-order-with-obligation-to-pay-button-53db931a/The European Court of Justice (ECJ) has decided that, for the purpose of determining whether, when concluding a distance contract by electronic means, a phrase used on the order button corresponds to the words "order with obligation to pay", solely t...OGH upholds case law on property transfer in the new inheritance law2022-04-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-upholds-case-law-on-property-transfer-in-the-new-inheritance-law-7aaf3806/In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) maintains that the granting of a right of usufruct no longer prevents a transfer of assets under the Inheritance Law Amendment Act 2015 (Erbrechtsänderungsgesetz, ErbRÄG 201...OGH: On legal capacity after BREXIT2022-04-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-legal-capacity-after-brexit-59ceb02e/In the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of the legal capacity or universal succession of a British company after the application of the freedom of establishment had ceased. The plaintiff is ...VwGH: Particularly dangerous conditions due to U-turns2022-04-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-particularly-dangerous-conditions-due-to-u-turns-56399aea/In the present case, the Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) addressed particularly dangerous conditions with regard to road traffic under the Driving Licence Act (Führerscheingesetz, FSG). Due to his manoeuvre, the co-involv...OGH: Cancellation of continued commission payment immoral2022-04-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-cancellation-of-continued-commission-payment-immoral-0edcc7cc/The Austrian Supreme Court (Oberster Gerichtshof, OGH) decided that the contractual cancellation of the continuation of commission payments for commercial agents who are not “employee-like” can be immoral. The plaintiff was a self-employed commercial...OGH: No exemption from liability under the CMR2022-04-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-exemption-from-liability-under-the-cmr-5f6ab132/If the hauler is responsible for gross negligence within the meaning of Article 29 of the Convention on the Contract for the International Carriage of Goods by Road (CMR), the person entitled to compensation may demand compensation for all damages th...OGH on community property inter vivos2022-04-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-community-property-inter-vivos-cf2792bc/In the case of community property among living persons (inter vivos), one spouse has a legal claim to the registration of his or her co-ownership of the property of the other spouse covered by the community property. The termination of the community ...OGH: Transfer of duties pursuant to § 9 para 1 BauKG requires written form2022-04-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-transfer-of-duties-pursuant-to-9-para-1-baukg-requires-written-form-94b859b8/The Austrian Supreme Court (Oberster Gerichtshof, OGH) decided that the transfer of the building owner's duties to a project manager pursuant to Section 9 para 1 of the Building Coordination Act (Baukoordinationsgesetz, BauKG) must be in writing in a...DE: Government liability denied in diesel scandal2022-04-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-government-liability-denied-in-diesel-scandal-236ee5b9/The Federal Republic of Germany is not liable in the context of the "diesel scandal" for any defective application and implementation of EU law. In the present case, the plaintiff claims official liability against the defendant Federal Republic of Ge...OGH: Termination by settlement despite pre-trial costs2022-04-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-termination-by-settlement-despite-pre-trial-costs-08759e4d/The termination effect of a settlement occurs even if the pre-trial costs are not included in the settlement effect. In the proceedings in question, a contract for work and services existed between the defendant's universal predecessor and the plaint...OGH: Duty to inform in the case of operations without a preference2022-04-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-duty-to-inform-in-the-case-of-operations-without-a-preference-acbc9b5c/The Austrian Supreme Court (Oberster Gerichtshof, OGH), following a similar decision, confirmed the scope of the duty to inform when there is a choice between two similarly dangerous surgical procedures. The plaintiff contacted an elective doctor due...OGH: Construction risk clause in legal protection insurance2022-04-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-construction-risk-clause-in-legal-protection-insurance-afb9a479/The Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the interpretation of a construction risk clause in a legal protection insurance policy and with the question of whether a legal dispute against a court-appointed expert due to a faulty...OGH: Injunctive relief based on syndicate agreements2022-04-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-injunctive-relief-based-on-syndicate-agreements-1484286e/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined an application for an injunction by a minority shareholder against a shareholder exclusion under the Act on the Exclusion of Shareholders (Gesellschafter-Ausschlussg...DE: BGH on the basis for personal legal liability2022-04-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-bgh-on-the-basis-for-personal-legal-liability-87eeb7dc/The acting representative of an entrepreneurial company is personally liable if the company appears in external relationships without any indication of the legal form and reference to the limitation of liability, according to the German Federal Supre...OGH on the termination of existing contracts for good cause2022-04-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-termination-of-existing-contracts-for-good-cause-ce50c158/A premature termination for good cause is applicable if it is due to a substantial change of circumstances which cannot be attributed to either of the contracting parties. According to the case law on Section 1117 of the Austrian General Civil Code (...OGH: No frustrated costs in case of storage of unrelated objects2022-04-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-frustrated-costs-in-case-of-storage-of-unrelated-objects-ee024731/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that there are no frustrated costs if a warehouse can generally be used, but the objects intended for it are not stored in it. The plaintiff sold the defendant an allotment house (“...An app is not a measuring instrument subject to calibration2022-04-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/an-app-is-not-a-measuring-instrument-subject-to-calibration-20f4d246/Neither a smartphone app nor a smartphone with GPS function is a measuring instrument subject to calibration according to Section 8 para 1 no 1 of the Measurement and Calibration Act (Maß- und Eichgesetz, MEG). In the case at hand, a car rental compa...AschG amendment to allow occupational medical assistance2022-04-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/aschg-amendment-to-allow-occupational-medical-assistance-645a5ceb/The Federal Ministry of Labour (Bundesministerium für Arbeit, BMA) has submitted a draft amendment to the Occupational Safety and Health Act (ArbeitnehmerInnenschutzgesetz, ASchG) for assessment. This is intended to counter the Austria-wide shortage ...OGH: On the compensation of frustrated expenses2022-04-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-compensation-of-frustrated-expenses-de5ed306/In the case of (mere) damage to property, compensation for frustrated expenses can only be considered if the legal position (legal justification) is an asset, transferable and realisable for the intended purpose. As a second prerequisite, the expense...DE: Principle of the right to be heard in the case of online information2022-04-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-principle-of-the-right-to-be-heard-in-the-case-of-online-information-5d82e5c8/According to the German Federal Supreme Court (Bundesgerichtshof, BGH), in order for a court to be able to use information obtained from the internet as a basis for a judgement, the results of the research must first be shared with the parties and th...DE: Wirecard investors sue BaFin2022-03-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-wirecard-investors-sue-bafin-c795222a/The Frankfurt am Main Regional Court had to decide on four claims for damages brought by Wirecard investors against the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin). In the middle of 2020, the balan...DE: Preliminary ruling: Legal impact of satisfaction guarantees2022-03-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-preliminary-ruling-legal-impact-of-satisfaction-guarantees-6ac1c8a6/The German Federal Court of Justice (Bundesgerichtshof, BGH) has asked the Court of Justice of the European Union (ECJ) to clarify, in the context of a preliminary ruling procedure, the question whether a guarantee exists when a trader grants a right...OGH: On restitution in enforcement proceedings2022-03-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-restitution-in-enforcement-proceedings-fb3d8117/If the obligated person has made a payment and the enforcement order is subsequently declared invalid, annulled or otherwise declared ineffective pursuant to Section 39 para. 1 no. 1 of the Enforcement Code (Exekutionsordnung, EO), a claim for restit...OGH: Determinability of a foreign currency debt only valued in euros2022-03-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-determinability-of-a-foreign-currency-debt-only-valued-in-euros-112ae09e/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the repayment of a foreign currency loan which, according to the plaintiff, was not based on an exchange rate and thus had a final maturity in euros. The plaintiff ...OGH: Compensation in the case of an overbooked flight2022-03-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-compensation-in-the-case-of-an-overbooked-flight-ddef3d21/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a compensation payment pursuant to Art 7 of the Air Passenger Rights Regulation is to be applied as a benefit against further material and immaterial damages resulting from a denie...OGH: "Inheritability" of claims for damages2022-03-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-inheritability-of-claims-for-damages-f8690052/The Austrian Supreme Court (Oberster gerichtshof, OGH) decided in the present case that the legal status of an heir only entitles him to assert those disadvantages to which the testator was also entitled in connection with a tortfeasor. In the case a...DE: Diesel scandal - mandatory top-up for better replacement model2022-03-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-diesel-scandal-mandatory-top-up-for-better-replacement-model-299786d5/The German Federal Supreme Court (Bundesgerichtshof, BGH) once again had to address a buyer's claim for supplementary performance with regard to a defective new vehicle due to an inadmissible deactivation device. In response to the decision as to whe...DE: The ERP Economic Plan Act 20222022-03-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-the-erp-economic-plan-act-2022-d2c43f37/To strengthen the German economy, the Bundestag has now passed the European Recovery Program (ERP) Economic Plan Act for the calendar year of 2022. Funding for small and medium-sized enterprises is to be significantly increased, thus facilitating opp...OGH: On the repayment of debts in enforcement proceedings2022-03-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-repayment-of-debts-in-enforcement-proceedings-8eeba5a5/Claims under the law on bills of exchange against the payee become time-barred within three years from the expiry date; this period also applies to the payee's bill drawer. In the present case, the plaintiff granted the drawee an advance on current a...ECJ: Applicability of the Air Passenger Rights Regulation for stopovers in EU2022-03-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-applicability-of-the-air-passenger-rights-regulation-for-stopovers-in-eu-59510bcb/The European Court of Justice (ECJ) has ruled that the EU Passenger Rights Regulation (Regulation No. 261/2004) does not apply if a flight is operated with an EU airline, but a landing at an airport in the EU is merely a stopover of a journey from on...OGH: Liability of an auditor for investor dispositions2022-03-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-liability-of-an-auditor-for-investor-dispositions-5ac03572/An aggrieved investor has to claim and prove that he made his investment decision in reliance on the auditor's report and that he used it as the basis for his disposition which resulted in damages. The plaintiff invested EUR 13 million with a stock c...OGH: Materiality threshold in case of potential immaterial damages2022-03-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-materiality-threshold-in-case-of-potential-immaterial-damages-972cba21/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of when the materiality threshold for an interim injunction under Section 381 number 2 second case of the Enforcement Order (EO) is overcome in the ca...DE: Holiday compensation claim as obligation of the insolvency estate2022-03-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-holiday-compensation-claim-as-obligation-of-the-insolvency-estate-182781f9/According to the German Federal Labour Court (Bundesarbeitsgericht, BAG), a claim for unused holiday pay in the full amount is classified as an obligation of the insolvency estate if a strong provisional insolvency administrator still claims the empl...DE: New law for fair consumer contracts2022-03-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-new-law-for-fair-consumer-contracts-efb08eed/The Fair Consumer Contracts Act aims to make it easier for consumers to opt out of contracts that are typically longer term, such as smartphones, streaming services, fitness studios or electricity and gas supply. Above all, new regulations were creat...OGH: Data processing in a teacher evaluation app is permissible after all2022-03-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-data-processing-in-a-teacher-evaluation-app-is-permissible-after-all-f75ce000/In this case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of prohibiting the processing of personal data in the course of evaluations of a teacher. The plaintiff is a teacher at an HTL (a Higher Technical Education In...OGH on the obligation to inform about cancellation fees (§ 27a KSchG)2022-03-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-obligation-to-inform-about-cancellation-fees-27a-kschg-e0f81408/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that a contractor pursuant to Section 27a of the Consumer Protection Act (Konsumentenschutzgesetz, KSchG) must also inform the consumer about any potential savings resulting from not carryi...OGH: Right to refuse performance in case of defects in common areas2022-03-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-right-to-refuse-performance-in-case-of-defects-in-common-areas-bc367fd1/In the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of the extent to which a right to refuse the performance by two co-owners of a property affects common areas. The defendants acquired condominium owne...Information on the EAG amendment 20222022-03-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/information-on-the-eag-amendment-2022-91235cab/An amendment to the Renewable Energy Expansion Act (Erneuerbare-Ausbau-Gesetz, EAG) recently came into force. According to the committee report, the changes are mainly due to requirements resulting from the European Commission's notification procedur...DE: International jurisdiction in the case of a flight booking2022-03-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-international-jurisdiction-in-the-case-of-a-flight-booking-77e3920e/In the case of an outbound and return flight agreed as a single service, the place of departure is the relevant destination for the place of jurisdiction. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), the agreement of a sing...OGH: Criticism of Corona measures alone does not constitute a worldview2022-03-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-criticism-of-corona-measures-alone-does-not-constitute-a-worldview-e318f652/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a dismissal is in principle permissible if the employee is dismissed because of her critical attitude towards the COVID-19 measures and her refusal to wear a mask. In the case at h...OGH: Pro forma declarations do not establish entrepreneurial status2022-03-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-pro-forma-declarations-do-not-establish-entrepreneurial-status-f74ab6f0/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the international and local jurisdiction of a case pending in Switzerland between an alleged consumer and an entrepreneur. The defendant operates a business system...OGH: No expropriation in case of designation as flood hazard zone2022-03-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-expropriation-in-case-of-designation-as-flood-hazard-zone-8c009b27/According to the Austrian Supreme Court (Oberster Gerichtshof, OGH), the mere designation of a property as a hazard zone for a 100-year flood and as a “red-yellow functional area” in the water law hazard zone plan does not constitute an encroachment ...OGH on the misleading nature of a company name2022-03-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-misleading-nature-of-a-company-name-c632969c/If companies are located in the same place or the same municipality, the distinctiveness as a question of the concrete capacity to mislead is not to be examined according to Section 18 para 2 of the Austrian Commercial Code (Unternehmensgesetzbuch, U...DE: On the disadvantage to creditors in the case of double collateralisation2022-03-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-on-the-disadvantage-to-creditors-in-the-case-of-double-collateralisation-4962fffd/If a third party's claim is secured by a shareholder, the shareholder must give priority to satisfying the third party in the event of insolvency. Otherwise, the shareholder disadvantages the creditors if he is released from his guarantee due to the ...OGH: Reference to court decision does not harm revocation2022-02-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-reference-to-court-decision-does-not-harm-revocation-90fb7170/A revocation of an untrue, reputation-damaging factual allegation under Section 1330 para 2 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) must be declared by the infringer himself. However, the voluntary nature of the...OGH: Compensation for total loss in the lack of intention to replace vehicle2022-02-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-compensation-for-total-loss-in-the-lack-of-intention-to-replace-vehicle-8cd60d27/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether the owner of a motor vehicle that has been totalled in a traffic accident can claim compensation from the liable party in the amount of the...OGH: Claim for debt interest in case of pandemic deferral unlawful2022-02-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-claim-for-debt-interest-in-case-of-pandemic-deferral-unlawful-39271c89/With the COVID-19 Judicial Accompanying Act (COVID-19-Justiz-Begleitgesetz, COVID-19-JuBG), the legislator has created a deferral regulation for consumer loans in order to prevent borrowers from becoming over-indebted in the form of a double burden d...OGH on the "order at best" in online trading2022-02-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-order-at-best-in-online-trading-25b36d35/In the case of online trading, the bank is not obliged to consult the customer if the order is clear, unless the customer indicates that he only wants the order to be executed if there are sufficient funds. The plaintiffs used the defendant's online ...DE: Insurance recourse - damage caused by third parties2022-02-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-insurance-recourse-damage-caused-by-third-parties-9b496386/An employer is only liable to the accident insurance company in the event of an accident at work of his employee if he or one of his organs can be accused of having caused the accident intentionally or through gross negligence. According to the Germa...DE: Dissolution of a GbR: When does company debt become statute-barred?2022-02-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-dissolution-of-a-gbr-when-does-company-debt-become-statute-barred-b8e08a59/The claim for repayment of an unused advance on any lawyer's fees comes into existence subject to the condition precedent of receipt of the advance payment. In the event of the dissolution of the partnership under civil law (Gesellschaft bürgerlichen...Sbg: Secondary residence and vacancy tax under review2022-02-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/sbg-secondary-residence-and-vacancy-tax-under-review-07bb385e/The provincial government of Salzburg has sent its draft of the so-called "Secondary Residence and Vacancy Tax Act" („Zweitwohnsitz- und Wohnungsleerstandsabgabengesetz“, ZWAG) for review. The ZWAG authorises the municipalities to levy a municipal ta...OGH: Unrestricted freedom of use by co-owners in case of common areas2022-02-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-unrestricted-freedom-of-use-by-co-owners-in-case-of-common-areas-28d7e7c9/For unrestricted freedom of use (“Freiheitsersitzung”) according to Section 1488 of the Austrian General Civil Code (Allgemein Bürgerliches Gesetzbuch, ABGB), an obstacle has to be erected by the oppressing party, which makes the use of property perc...OGH: Consumers can sue for damages under the UWG2022-02-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-consumers-can-sue-for-damages-under-the-uwg-03b28135/The Austrian Supreme Court (Oberster Gerichtshof, OGH) sticks to its point of view: Consumers have the right to sue for damages resulting from unfair business practices of an entrepreneur. It thus confirmed its legal view, which it took for the first...ECJ: Liability in case of fall on an air passenger staircase2022-02-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-liability-in-case-of-fall-on-an-air-passenger-staircase-4bbba580/The Advocate General at the European Court of Justice (ECJ) has explained what is meant by an "accident" according to Art 17 para 1 of the Montreal Convention (MC). The plaintiff was a passenger on a flight from Thessaloniki (Greece) to Vienna operat...DE: Reduction of commercial lease payments in the lockdown2022-02-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-reduction-of-commercial-lease-payments-in-the-lockdown-5666aafe/The German Federal Supreme Court (Bundesgerichtshof, BGH) granted tenants of commercially used premises a right for lease adjustment as a result of a lockdown. However, all individual circumstances, such as state aid as well as loss of turnover or in...OGH: On the validity of a European Certificate of Succession2022-02-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-validity-of-a-european-certificate-of-succession-e6a13016/A certified copy of a European Certificate of Succession within the meaning of Regulation (EU) 650/2012 (Erbrechtsverordnung, EuErbVO) is valid for a period of six months from the date of issue, unless another time limit is specified. If the certifie...OGH: Defamation in the context of a review on an online platform2022-02-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-defamation-in-the-context-of-a-review-on-an-online-platform-f22c0997/The inaccuracy of a factual claim can also result from an incompleteness of the facts disclosed. The person concerned could thereby appear in a completely different light, or a false impression could be created. The plaintiff represented the defendan...OGH: Compensation in case of exclusion from a private school2022-02-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-compensation-in-case-of-exclusion-from-a-private-school-cc90db3e/In the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) dealt with claims for damages of the plaintiff due to the termination of school enrolment by the defendant for a reason agreed in the school enrolment contract under private law pursu...Information on the new warranty law2022-02-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/information-on-the-new-warranty-law-c87ed82f/Changes in warranty law have been in force since January 1, 2022. The consumer warranty law (Verbrauchergewährleistungsgesetz, VGG) now predominantly applies to consumer contracts. There have also been changes in the Austrian General Civil Code (Allg...DE: No revocation of a withdrawal of an appeal2022-02-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-no-revocation-of-a-withdrawal-of-an-appeal-6b847820/A declaration of withdrawal of a filed appeal is irrevocable - according to the German Federal Supreme Court (Bundesgerichtshof, BGH). A person who has expressly declared that he or she wishes to withdraw the filed appeal cannot revoke this declarati...DE: Legislator must regulate triage for people with disabilities2022-02-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-legislator-must-regulate-triage-for-people-with-disabilities-4c9e1549/The German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) sees an urgent need for action to protect persons with disabilities from disadvantages in a (pandemic-related) triage situation. It orders the legislature to take appropriate ...LGZ Wien: Reasonable amount of damages for acts of trespassing2022-02-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/lgz-wien-reasonable-amount-of-damages-for-acts-of-trespassing-b4b28756/In the course of the plaintiff's stay in hospital, the Regional Court for Civil Matters Vienna (Zivilrechtssachen Wien, LGZ Wien) dealt with the appropriate amount of a claim for damages due to the preparation and possible execution of an act of tres...UPDATE: Compulsory vaccination to enter into force on 5 February 20222022-02-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/update-compulsory-vaccination-to-enter-into-force-on-5-february-2022-13d9d8d9/The National Council (Nationalrat) has decided to make vaccination against COVID-19 compulsory. It is to come into force on February 5, 2022. A few changes have been made to the first draft. In principle, persons covered by the Act must have a valid ...OGH on Fake-President Fraud2022-02-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-fake-president-fraud-7a932dc4/The strategy of "fake-president fraud" is not designed to deceive persons authorised to make decisions, but to circumvent use of, or misuse existing processes through skilful manipulation and deception of an employee subject to instructions. Managing...DE: Burden of proof rules - purchase of consumer goods by entrepreneur2022-02-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-burden-of-proof-rules-purchase-of-consumer-goods-by-entrepreneur-e6c23bf5/If there is any doubt as to whether a real estate agent has purchased a vehicle for his business or himself, a consumer goods purchase must be assumed – this was the decision of the German Federal Supreme Court (Bundesgerichtshof, BGH). In the case a...Data Protection Authority declares Google Analytics inadmissible2022-02-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/data-protection-authority-declares-google-analytics-inadmissible-27071bab/As a consequence of the "Schrems II" ruling of the European Court of Justice (ECJ), the Data Protection Authority (DPA) has deemed the use of Google Analytics to be a violation of the General Data Protection Regulation (GDPR). Google Analytics is a p...OGH: COVID-19 - Contractual waiver of Section 1104 ABGB2022-02-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-covid-19-contractual-waiver-of-section-1104-abgb-29326a83/In the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether rent must be paid in the case of a pandemic-related ban on entering the premises despite a contractual waiver of a rent exemption. The plaintiff ope...OGH: Specification of price adjustments in the energy sector2022-01-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-specification-of-price-adjustments-in-the-energy-sector-182edd8a/The Association for Consumer Information brought an action against an Innsbruck energy supplier on the grounds of inadmissible clauses on price adjustments in the course of basic supply and on written form requirements. The ruling in question thus cr...OGH: Pain compensation without pain as a result of a traffic accident?2022-01-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-pain-compensation-without-pain-as-a-result-of-a-traffic-accident-efec7325/In the course of the present proceedings, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of contributory negligence of a wheelchair user in the case of subsequent damage events and the awarding of compensation for pain and suff...OGH: No individual protection against dismissal during short-time work2022-01-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-individual-protection-against-dismissal-during-short-time-work-f9c93625/The Supreme Court (Oberster Gerichtshof, OGH) confirms: Due to individual social partner agreements on short-time work, no individual protection against dismissal of an employee is stipulated. In the case at hand, the OGH dealt with an individual soc...OGH: Different fixed prices and aliquoted annual costs2022-01-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-different-fixed-prices-and-aliquoted-annual-costs-17a7f616/On "www.a1.at" consumers could buy a mobile phone tariff with a mobile phone. The mobile phone costs were shown as "one-time", the tariff costs as "monthly". In the line of the tariff costs, an annual service fee (Servicepauschale) was mentioned in s...HG Wien: Online credit and liability for children2022-01-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/hg-wien-online-credit-and-liability-for-children-328e34c7/The Vienna Commercial Court (Handelsgericht Wien, HG Wien) examined the question of the expiry of credits and the liability of parents for the online behaviour of their children on the online platform "PlayStation Network", to be necessarily used by ...ECJ: Flight brought forward by more than 1h is considered cancelled2022-01-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-flight-brought-forward-by-more-than-1h-is-considered-cancelled-5cb1615c/According to the European Court of Justice (ECJ), a flight is already considered cancelled if it is brought forward by more than one hour. The ECJ also ruled on the question of when and how an airline informed passengers in good time of the schedulin...VwGH: When is a YouTube channel an audiovisual media service?2022-01-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-when-is-a-youtube-channel-an-audiovisual-media-service-1c2c3319/The existence of a service within the meaning of Articles 56 and 57 of the Treaty on the Functioning of the European Union (TFEU) requires that the provider of the service to be assessed participates in economic life with the service. If a service is...OLG Wien: Teacher evaluation app "Lernsieg" unlawful2022-01-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/olg-wien-teacher-evaluation-app-lernsieg-unlawful-501113b7/The Vienna Higher Regional Court (Oberlandesgericht Wien, OLG) has declared the teacher evaluation app "Lernsieg" unlawful. Specifically, it objected to the fact that there are only inadequate measures to verify the authenticity of the raters. In the...OGH: Violation of fundamental rights in criminal proceedings2022-01-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-violation-of-fundamental-rights-in-criminal-proceedings-1a16ffad/In the course of an investigation by the Central Public Prosecutor's Office for the Prosecution of Economic Crimes and Corruption on suspicion of the crime of aggravated fraud, the business premises of one of the defendants - a limited liability comp...OGH: Transparency requirement of § 6 (3) KSchG for foreign currency loans2022-01-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-transparency-requirement-of-6-3-kschg-for-foreign-currency-loans-1f8dc51a/The 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...OGH: "Airbnb jurisprudence" does not apply to persons entitled to use a flat2022-01-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-airbnb-jurisprudence-does-not-apply-to-persons-entitled-to-use-a-flat-b06d4399/According to the Supreme Court (Oberster Gerichtshof, OGH), only flat owners can defend themselves against the inappropriate rental of neighbouring flats on "Airbnb" & Co. Mere authorised users are not entitled to do so. The defendant rented out some...Environment & Human Rights: EU obligations for companies are coming2022-01-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/environment-human-rights-eu-obligations-for-companies-are-coming-6e18ba68/At the EU level, plans are taking shape to introduce a directive to create binding corporate due diligence obligations in the areas of the environment and human rights. Compliance with "effective due diligence" is to be monitored by national supervis...DE: Consumer's debt assumption for an overdraft loan - Can he withdraw?2022-01-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-consumer-s-debt-assumption-for-an-overdraft-loan-can-he-withdraw-6eb7f072/The German Federal Supreme Court (Bundesgerichtshof, BGH) ruled on the question of the extent to which a consumer has a right of withdrawal when joining a debt assignment and assumption agreement to secure an overdraft. Small businesses often refinan...OGH: On liability for culpa in contrahendo when using an envoy2022-01-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-liability-for-culpa-in-contrahendo-when-using-an-envoy-3a0f0bd7/According to the established case law of the Supreme Court (Oberster Gerichtshof, OGH), there are pre-contractual duties to warn and inform. The contractual partner is particularly worthy of protection if he has already entered into commitments himse...OGH: COVID-19: Voucher redemption for festivals lasting several days2022-01-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-covid-19-voucher-redemption-for-festivals-lasting-several-days-c940678f/Tickets for cancelled events can also be refunded through vouchers. The Supreme Court (Oberster Gerichtshof, OGH) took a closer look at how this applies to festivals lasting several days. In the original case, a visitor had purchased a 3-day pass for...Mobile number transfer to become easier and free of charge2022-01-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/mobile-number-transfer-to-become-easier-and-free-of-charge-6958ed22/Anyone who wants to change their mobile phone tariff can rejoice: The transfer of phone numbers will not only be possible for a longer amount of time, but will also be free of charge. In other respects, too, consumers will find it easier to change th...BVwG has legal provision in HGG examined by the VfGH2022-01-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bvwg-has-legal-provision-in-hgg-examined-by-the-vfgh-1c3b87a9/The Federal Administrative Court (Bundesverwaltungsgericht, BVwG) considers Section 31 para 2 no 2 of the Army Fees Act (Heeresgebührengesetz, HGG 2001), which regulates eligibility for housing subsidies, to violate the principle of equality. The BVw...GER: Sale and Rent Back Schemes: Prohibited or Usury?2022-01-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ger-sale-and-rent-back-schemes-prohibited-or-usury-615b39d3/Does a business model pursued by a licensed pawnbroker who purchases motor vehicles commercially and then rents them out to the sellers with the option of them buying their vehicle back at a public auction at the end of the contractually agreed renta...OGH: Position of a beneficiary of a private foundation in bankruptcy2021-12-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-position-of-a-beneficiary-of-a-private-foundation-in-bankruptcy-054b35c3/If the possibility of giving up the position as a beneficiary has economic value because there is an interested party willing to pay remuneration, this is an asset which falls into the insolvency estate. Bankruptcy proceedings were opened against the...OGH: If entry is prohibited, no rent has to be paid2021-12-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-if-entry-is-prohibited-no-rent-has-to-be-paid-bc2b42bc/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled for the first time that the rent exemption under Section 1104 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) is also applicable if business premises were sub...ECJ Advocate General: Compensation for flight delays in the USA2021-12-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-advocate-general-compensation-for-flight-delays-in-the-usa-6c3cd87f/The Advocate General at the European Court of Justice (ECJ) has issued clarifications regarding passengers' rights to compensation in the event of flight delays whose cause lies outside the EU. In the original dispute, three passengers had booked a f...DE: Contents of the grounds for appeal? - Can it also be improved?2021-12-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-contents-of-the-grounds-for-appeal-can-it-also-be-improved-c0d7be89/A statement of the grounds for appeal must - in order to meet the substantive requirements - refute all the arguments mentioned regarding the rejection of the claim in the dismissed judgment. Overlooking just one argument leads to inadmissibility of ...Update: ECJ confirms "decreasing" antitrust liability2021-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/update-ecj-confirms-decreasing-antitrust-liability-dd6ed524/The European Court of Justice (ECJ) had to decide whether, on the basis of the doctrine of economic unit under antitrust law, a subsidiary can also be held liable for antitrust violations of its parent company, in addition to the previous "extending"...OGH: Obligation to contract for sales with "added value”2021-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-obligation-to-contract-for-sales-with-added-value-8b36101a/Even if a company dominates the market, it may in principle refuse to enter into a business relationship for objectively justified reasons. It may also choose the distribution channels, but may not prevent the creation of a new product. In the presen...OGH: Landlord's obligation to disclose rent surcharges2021-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-landlord-s-obligation-to-disclose-rent-surcharges-bba622ab/In the present case, the Supreme Court (Oberster Gerichtshof, OGH) had to deal with terminology in connection with rent surcharges and discounts. Above all, more general terms have been given a more concrete form. The applicant has been renting an ap...OGH: Competing claims in animal owner liability2021-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-competing-claims-in-animal-owner-liability-a319ed72/The winter season brings slippery dangers. Thus, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the case of a fall of a pensioner caused by her son's police dog and the associated applicability of several liability provisions with regard to...Negative interest ILLEGAL: Courts stand behind consumers2021-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/negative-interest-illegal-courts-stand-behind-consumers-685b4163/The next blow for German banks - after the illegal fee increase, negative interest rates must now be paid back to individual customers. The Berlin Regional Court ruled for the first time that negative interest charged on checking (giro) and savings a...ECJ: Labelling of the nutritional values of a chocolate muesli2021-12-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-labelling-of-the-nutritional-values-of-a-chocolate-muesli-615091d7/The European Court of Justice (ECJ) has assessed whether it is permissible to specify nutritional values per portion for foods that can be prepared in different ways. The German Federation of Consumer Centres and Consumer Associations (Bundesverban...VwGH: Tax liability and the foreseeability of duties to cooperate2021-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-tax-liability-and-the-foreseeability-of-duties-to-cooperate-0eeeb8c2/It must be foreseeable for taxpayers whether and in what manner and to what extent they may be subject to a duty to cooperate in the procurement of supporting documents in tax proceedings conducted years later. The appellant is the owner of a tax war...OGH: Lawyer's duty to warn about potential return of contributions2021-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-lawyer-s-duty-to-warn-about-potential-return-of-contributions-cc8d003f/The Supreme Court (Oberster Gerichtshof, OGH) addressed the question of the extent to which lawyers have to examine and warn of possible violations of the capital preservation regulations, in particular the prohibition of return of capital contributi...OGH on off-registry easements of divided properties2021-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-off-registry-easements-of-divided-properties-9b4b17c7/In the present case, the Supreme Court (Oberster Gerichtshof, OGH) examined a real estate dispute between two siblings concerning the existence of an easement. The father of the disputants was the owner of a property on which a single-family house ha...ECJ: On-call duty as working time2021-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-call-duty-as-working-time-5cd384d3/The European Court of Justice (ECJ) has once again examined the question of whether on-call duty is to be considered working time. In the case at hand, a reserve firefighter worked part-time for the city of Dublin. He is available to his duty station...DE: Failed property purchase - "reservation fee" to be refunded2021-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-failed-property-purchase-reservation-fee-to-be-refunded-58acb19e/The Regional Court of Cologne had to decide whether a "reservation fee" paid to secure the purchase of a property must be refunded if the purchase contract is not concluded. In the present case, the defendants had offered a property to build a house ...COVID-19: The current home office regulations2021-12-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/covid-19-the-current-home-office-regulations-4cd73953/As the pandemic continues to dominate our everyday (work) life, home office is an important part of many employees' and employers' lives. Therefore, it is important to get an overview of the labour law provisions of the current home office framework....VwGH: Interest on late repayment of VAT claim2021-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-interest-on-late-repayment-of-vat-claim-923e2c4a/The Administrative Court (Verwaltungsgerichtshof, VwGH) ruled on the possibility of claiming interest on late repayment of an input tax surplus. The appellant was a hotelier who claimed a surplus of input tax in 2007 as part of the advance VAT return...OGH: Non-competition clause of the managing sole shareholder2021-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-non-competition-clause-of-the-managing-sole-shareholder-876edf26/The Supreme Court (Oberster Gerichtshf, OGH) ruled on the question whether the managing sole shareholder is subject to the non-competition clause even if he holds part of the shares in trust. The plaintiff was a company in the real estate sector. The...OGH: Claim for reimbursement of insurance benefits2021-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-claim-for-reimbursement-of-insurance-benefits-d9acc1c5/The Supreme Court (Oberster Gerichtshof, OGH) deals with the question of the statute of limitations for a claim for reimbursement of erroneously paid compensation payments, as well as with the commencement of the limitation period for such a claim fo...OGH: Applicability of exclusion of risks to limited partnerships2021-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-applicability-of-exclusion-of-risks-to-limited-partnerships-24adef00/The Supreme Court (Oberster Gerichtshof, OGH) ruled on exclusions of risks in an insurance contract and their applicability to limited partnerships (Kommanditgesellschaften, KG). The plaintiff is an engineering office in the legal form of a KG and is...DE: VW diesel scandal: Withdrawal only with prior setting of a time limit2021-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-vw-diesel-scandal-withdrawal-only-with-prior-setting-of-a-time-limit-4ea441d4/The German Federal Supreme Court (Bundesgerichtshof, BGH) had to decide whether buyers of a vehicle affected by the diesel scandal can withdraw from the purchase contract even if they have not previously given the seller an opportunity to remedy the ...COVID-19: Holiday leave and continued remuneration (sick pay)2021-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/covid-19-holiday-leave-and-continued-remuneration-sick-pay-0c388d5d/If Austria is chosen as the holiday destination, the official segregation due to illness or the suspicion of infection with COVID-19 constitutes a justified inability to work. According to the rules of the Epidemic Act (Epidemiegesetzes, EpiG), the e...Taxation of cryptocurrencies2021-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/taxation-of-cryptocurrencies-834bdaba/The planned eco-social tax reform for 2022 has been supplemented by another important aspect, namely the taxation of cryptocurrencies. A brief overview of essential innovations: As of March 2022, income from cryptocurrencies will be added to the list...OGH: Local jurisdiction under Section 198 of the Financial Crimes Act (new)2021-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-local-jurisdiction-under-section-198-of-the-financial-crimes-act-new-13f2ea97/The Supreme Court (Oberster Gerichtshof, OGH) issued a first decision on the new jurisdiction system in financial criminal cases. The files of judicial financial criminal proceedings submitted by a Higher Regional Court (Oberlandesgericht) pursuant t...OGH requests preliminary ruling on terms in general terms and conditions2021-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-requests-preliminary-ruling-on-terms-in-general-terms-and-conditions-3521cd60/In the present case, the Supreme Court (Oberster Gerichtshof, OGH) referred to the European Court of Justice (ECJ) the question of how clauses in general terms and conditions (GTC) may act with regard to Art 6 para 1 and Art 7 para 1 of Directive 93/...OGH on the upper limit of the amount in dispute in legal expenses insurance2021-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-upper-limit-of-the-amount-in-dispute-in-legal-expenses-insurance-0c88e21b/The Supreme Court (Oberster Gerichtshof, OGH) dealt with how the alleged settlement of a claim is to be treated in the upper limit of the amount in dispute of a legal expenses insurance. In the preliminary proceedings, the plaintiff was sued by a sub...Innovations in COVID-19 short-time work from 01.07.20212021-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/innovations-in-covid-19-short-time-work-from-01-07-2021-0413ee35/Due to the pandemic, businesses continue to be put to the test. In order to nevertheless preserve the liquidity of the entrepreneur and the workers employed in the business, the legislator provides a remedy through the short-time work (“Kurzarbeit”) ...Eco-social tax reform under review2021-11-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eco-social-tax-reform-under-review-3637332c/The evaluation drafts of the eco-social tax reform are now available. The aim of the tax reform is the introduction of CO2 pricing and a corresponding social compensation. The following is an overview of important changes. Income tax (Section 33 Inc...VwGH: Taxation of insurance compensation2021-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-taxation-of-insurance-compensation-4ae28cac/The Administrative Court (Verwaltungsgerichtshof, VwGH) has ruled on whether an insurance compensation received for a property is subject to the special tax rate of Section 30a of the Income Tax Act (Einkommensteuergesetz, EStG). The appellant ran a ...OGH on the supervisory duties of the bankruptcy court2021-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-supervisory-duties-of-the-bankruptcy-court-345fe3ba/The bankruptcy court's power to supervise and issue instructions is in principle comprehensive and undoubtedly not limited to the "operational area of the bankruptcy trustee’s activities". In the present case, a bankruptcy debtor applied for the term...OGH on the duty to mitigate damage2021-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-duty-to-mitigate-damage-09d5eb43/Section 1304 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB) imposes an obligation on the injured party to minimise the damage incurred if and to the extent that it is possible and reasonable for him to act accordingly....HG Wien: Inadmissible terms and conditions of a fitness membership2021-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/hg-wien-inadmissible-terms-and-conditions-of-a-fitness-membership-89cbe82c/In the case at hand, the Vienna Commercial Court (Handelsgericht Wien, HG Wien) dealt with a request for injunction filed by the Association for Consumer Information due to the inadmissibility of three clauses used in the General Terms and Conditions...DPA on unauthorised inspection of electronic vaccination certificate2021-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/dpa-on-unauthorised-inspection-of-electronic-vaccination-certificate-916a6556/The Data Protection Authority (DPA) examined an allegation of unauthorised inspection of a data subject's electronic vaccination record by a doctor. The complainant, who is also the sister-in-law of the defendant, is an employee of the medical practi...DE: Giro contract - no implied new contract in case of insolvency2021-11-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-giro-contract-no-implied-new-contract-in-case-of-insolvency-52fdb61e/If a debtor's checking (giro) account contract lapses due to the opening of bancruptcy proceedings and the bank is not aware of the bankruptcy proceedings, actions of the bank after the debtor's self-employment has been released cannot be interpreted...OGH: On the liability of the host provider for copyright infringements2021-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-liability-of-the-host-provider-for-copyright-infringements-6644104a/Although the operator of a video platform plays a central role in making the content posted by users accessible, this alone is not sufficient to assume communication to the public. For copyright infringement, there is only limited accountability. In ...OGH on the reimbursement of educational costs of minors2021-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-reimbursement-of-educational-costs-of-minors-1201b358/In the present case, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the permissibility of an agreement on the reimbursement of training costs between a minor and her employer. In the case in question, a minor concluded a contract of employm...OGH on the calculation of number of employees for parental part-time work2021-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-calculation-of-number-of-employees-for-parental-part-time-work-df443559/The Supreme Court (Oberster Gerichtshof, OGH) has dealt with the issue of how occasional employees are to be treated when calculating the number of employees in connection with parental part-time work. Pursuant to Section 15h para 1 and para 3 of the...DE: Scope of legal advice2021-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-scope-of-legal-advice-d6e80a1c/The German Federal Supreme Court (Bundesgerichtshof, BGH) ruled that the lawyer's duty to inform his client about the prospects of success of a prospective legal action does not end with its initiation. If the legal and effective situation changes du...COVID-19: 3G rule at the workplace2021-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/covid-19-3g-rule-at-the-workplace-03492205/COVID-19: 3G rule at the workplace With the entry into force of the 3rd COVID-19 Measures Ordinance (3. COVID-19-MV) on November 1, 2021, the so-called "3G rule" (“geimpft”, “genesen”, “getestet”: vaccinated, recovered or tested) applies at the workp...BFG: Protection of trust in the case of information from a tax authority2021-11-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-protection-of-trust-in-the-case-of-information-from-a-tax-authority-cf442cc3/The Federal Fiscal Court (Bundesfinanzgericht, BFG) ruled on the protection of legitimate expectations in the case of information provided by a tax authority regarding tax liability. The appellant earned income from employment in Liechtenstein. Durin...OGH on the justification of the reservation right of ownership2021-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-justification-of-the-reservation-right-of-ownership-122ca407/In the present case, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether, in proceedings for justification (Sections 40 et sqq. of the Land Register Act - Grundbuchsgesetz, GBG), a missing declaration of registration or a...OGH on the application of the 30-year limitation period to legal persons2021-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-application-of-the-30-year-limitation-period-to-legal-persons-595394bf/In the present case, the Supreme Court (Oberster Gerichtshof, OGH) answered the question of the possible application of the 30-year limitation period to legal persons in the case of qualified criminal offences committed by one of their members (organ...DE: VW diesel scandal - assessment of the benefit of use with leasing2021-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-vw-diesel-scandal-assessment-of-the-benefit-of-use-with-leasing-9432f326/In September 2021, the German Federal Supreme Court (Bundesgerichtshof, BGH) ruled that no claim for reimbursement of the leasing instalments can be made for a leased vehicle affected by the VW emissions scandal. This is because the benefit of a leas...DE: Digital contract generator "smartlaw" is permissible2021-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-digital-contract-generator-smartlaw-is-permissible-259d9644/The German Federal Supreme Court (Bundesgerichtshof, BGH) had to decide whether the legal-tech application "smartlaw", a contract document generator that creates various legal documents with the help of a question-answer system and saved text modules...BMDW: Draft for a "Grace Period Law" is available2021-11-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bmdw-draft-for-a-grace-period-law-is-available-7490eae9/The Federal Ministry for Digitalisation and Economic Affairs (Bundesministerium für Digitalisierung und Wirtschaftsstandort, BMDW) has submitted a draft for the so-called "Grace Period Act". It mainly deals with the suspension of the exercise of a tr...VwGH: GewO – Rights of neighbors in the case of emission-neutral changes2021-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-gewo-rights-of-neighbors-in-the-case-of-emission-neutral-changes-374b3000/The Administrative Court (Verwaltungsgerichtshof, VwGH) clarified in the reasonable appeal that according to Section 358 para 1 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung, GeWO), the authority only has to determine whether the...OGH on the guarantee demand of the general contractor2021-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-guarantee-demand-of-the-general-contractor-eccb34b5/In the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) examined the legality of a significantly excessive request for collateral by the contractor of a building within the meaning of Section 1170b of the Austrian Civil Code (Allgemeines b...OGH on service in insolvency proceedings2021-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-service-in-insolvency-proceedings-2f0143ef/According to Section 257 para 2 of the Insolvency Code (Insolvenzordnung, IO), the consequences of the service already come into effect through the public announcement, even if the specific service has been omitted. Notwithstanding the individual ser...OGH again on the discernibility of witnesses in a will2021-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-again-on-the-discernibility-of-witnesses-in-a-will-10f8fb07/The Supreme Court (Oberster Gerichtshof, OGH) once again commented on the question of which information on witnesses to a will is sufficient to ensure their identifiability under the new inheritance law (Erbrechtsänderungsgesetz 2015, ErbRÄG 2015). I...ECJ - Air passenger rights: Compensation in case of group strike2021-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-air-passenger-rights-compensation-in-case-of-group-strike-66945e07/The European Court of Justice (ECJ) handled the question of whether a strike by the cabin crew of a subsidiary company in solidarity with the striking staff of the parent company is to be considered an "extraordinary circumstance" under Article 5 par...DE: "Rail to Fly" ticket as part of the package trip2021-10-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-rail-to-fly-ticket-as-part-of-the-package-trip-437967c8/The German Federal Court of Justice (Bundesgerichtshof, BGH) ruled in June 2021 that a so-called “Rail to Fly” ticket, if it is listed as an “advantage” when booking a package holiday without any reference to an additional fee, can be used as a servi...VwGH: Deduction ban for income-related expenses with standard taxation2021-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-deduction-ban-for-income-related-expenses-with-standard-taxation-9a887c98/The Administrative Court (Verwaltungsgerichtshof, VwGH) ruled on the question of whether a ban on deducting business expenses and income-related expenses also applies when exercising a standard taxation option with regard to income from capital asset...OGH: Scope of the creditor's duty of verification according to § 7(1) VKrG2021-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-scope-of-the-creditor-s-duty-of-verification-according-to-7-1-vkrg-f21aaae2/In a decision, the Supreme Court (Oberster Gerichtshof, OGH) examined the admissibility of certain clauses in the General Terms and Conditions (Allgemeinen Geschäftsbedingungen, AGB) of a mail order company. In doing so, it elaborated on the scope of...OGH: Lawful dismissal in case of refusal to have regular COVID tests2021-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-lawful-dismissal-in-case-of-refusal-to-have-regular-covid-tests-8e3dc7df/The Supreme Court (Oberster Gerichtshof, OGH) has ruled that the termination of a nurse's employment is permissible if the nurse fails to undergo regular COVID-19 testing. In the case at hand, the defendant, who runs a nursing home for the elderly, t...OGH: Duplicate certificate of conformity as an hitch to good faith2021-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-duplicate-certificate-of-conformity-as-an-hitch-to-good-faith-ea487680/In its case law, the Supreme Court (Oberster Gerichtshof, OGH) handled the question of whether and, if so, to what extent the commercial purchaser of a used vehicle can act in good faith due to the existence of a mere duplicate certificate of conform...OGH: Compensation in the case of damages from incorrect counsel2021-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-compensation-in-the-case-of-damages-from-incorrect-counsel-b675a908/In the case of incorrect counsel, the difference in assets is to be compensated, which would not have occurred if the advice had been given in accordance with the duty. The fact that a damaging event can also bring benefits does not hinder the existe...DE: Right of contestation of a GmbH shareholder2021-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-right-of-contestation-of-a-gmbh-shareholder-c68764f7/In its ruling, the German Federal Supreme Court (Bundesgerichtshof, BGH) confirmed the comprehensive legitimising effect of the list of shareholders of a limited liability company (Gesellschaft mit beschränkter Haftung, GmbH) and ruled that, in princ...VwGH: Section 79 GewO - subsequent stipulations2021-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-section-79-gewo-subsequent-stipulations-887f12ce/The "adjustment" of a legally binding notice of approval for commercial facilities under trade law is possible under Section 79 para 1 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung, GewO). If, for example, it becomes apparent aft...OGH: Due diligence in the valuation of a property2021-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-due-diligence-in-the-valuation-of-a-property-e0664d49/The Supreme Court (Oberster Gerichtshof, OGH) examines whether deviations in the appraisal of the value of real estate are still in accordance with due diligence. The plaintiff commissioned the defendant, a real estate brokerage company, with the sal...OGH on the equivalence of fax and e-mail when requesting a guarantee2021-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-equivalence-of-fax-and-e-mail-when-requesting-a-guarantee-e43f86ec/The Supreme Court (Oberster Gerichtshof, OGH) commented on whether a declaration by e-mail is equivalent to a declaration received by fax when requesting a guarantee. In the case at hand, the defendant undertook to provide the plaintiff with security...DE: Extended liability period of a limited partner2021-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-extended-liability-period-of-a-limited-partner-1b5a1609/The German Federal Supreme Court (Bundesgerichtshof, BGH) was obligated to decide when, in the case of a reduction in the liability amount of a limited partner, the five-year period of extended liability under Section 160 of the German Commercial Cod...DE: Distribution of profit is contestable under insolvency law2021-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-distribution-of-profit-is-contestable-under-insolvency-law-1e446def/According to the German Federal Supreme Court, if a (sole) shareholder decides to carry forward an established profit, this may constitute a shareholder loan in economic terms, insofar as, at the time of carrying forward, a distribution of profits wa...COVID-19: Special care period phase 5 approved2021-10-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/covid-19-special-care-period-phase-5-approved-8d0b2a08/The National Council recently cleared the way for the fifth phase of the COVID-19 special care period (“Sonderbetreuungszeit”). It concerns continued payment of wages when employees cannot work due to special care obligations in connection with the c...DE: Changes in the new foundation law2021-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-changes-in-the-new-foundation-law-73b17c4b/A new unified civil law relating to foundations is to come into force in Germany on July 1, 2023. The aim of the draft law is both a greater standardisation of foundation law and the introduction of a central foundation register, to the effect that t...VwGH: ImmoESt on the sale of donated land2021-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-immoest-on-the-sale-of-donated-land-67a95a73/The Administrative Court (Verwaltungsgerichtshof, VwGH) examined the question of whether real estate income tax (Immobilienertragsteuer, ImmoESt) can be incurred on the sale of inherited or donated real estate by a non-profit legal entity. The partic...OGH on the buyer's conversion right2021-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-buyer-s-conversion-right-a9f06662/When examining the conversion right, the specific contract must be taken into account. The interests of the contracting parties must be weighed objectively on a case-by-case basis. In doing so, a comprehensive weighing of the interests of both partie...OGH on liability of attorneys2021-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-liability-of-attorneys-0dd826a9/Incorrect or omitted advice (clarification) by the lawyer generally only entitles to compensation for the damage to trust which was caused. It is only necessary to compensate for the difference in assets that would not have occurred had the dutiful a...Irish Data Protection Authority orders EUR 225 million fine on WhatsApp2021-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/irish-data-protection-authority-orders-eur-225-million-fine-on-whatsapp-0ef7f37e/The Irish Data Protection Authority imposed a fine of EUR 225 million on the messenger service WhatsApp for a breach of the General Data Protection Regulation (Datenschutz-Grundverordnung, DS-GVO). In 2018, the Irish Data Protection Authority began i...DE: Obligation to label Instagram advertisements by influencers2021-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/de-obligation-to-label-instagram-advertisements-by-influencers-eb772ecb/The German Federal Supreme Court (Bundesgerichtshof, BGH) ruled in three proceedings on the question of the extent to which influencers are obliged to label advertising in their Instagram posts when using so-called "Tap Tags". The action was brought ...OGH: On the right to withdraw from life insurance policies2021-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-right-to-withdraw-from-life-insurance-policies-8e13175f/The beginning of the period for the withdrawal from life insurance policies may be made dependent on the receipt of certain documents. These documents must be delivered at the latest with the policy and the policyholder must not have any doubts about...OGH on the offer of redemption in the case of a right of first refusal2021-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-offer-of-redemption-in-the-case-of-a-right-of-first-refusal-8ad81714/The Supreme Court (Oberster Gerichtshof, OGH) discussed the requirement of actual redemption in the case of a right of first refusal to purchase a property, and the deadline to be set by the notary for this. Section 83 of the Notarial Code (Notariats...G: Rights against social network providers for deletion of posts2021-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/g-rights-against-social-network-providers-for-deletion-of-posts-a3eab6b0/According to the Federal Court of Justice (Bundesgerichtshof, BGH), users of the social network Facebook have a right to the unblocking of the post that was blocked and deleted under the accusation of hate speech and for the injunction of a renewed a...G: Part 2: MoPeG - Major Changes for the GbR2021-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/g-part-2-mopeg-major-changes-for-the-gbr-768b2a9d/On January 1, 2024, the Act on the Modernisation of the Law on Partnerships (Personengesellschaftsmodernisierungsgesetz - MoPeG) is to come into force. The reform focuses on the civil law partnership (Gesellschaft bürgerlichen Rechts, GbR) with the r...G: Loss participation in the case of a "contribution in arrears”2021-09-29T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/g-loss-participation-in-the-case-of-a-contribution-in-arrears-623f19e5/According to the Federal Supreme Court (Bundesgerichtshof, BGH), the contribution obligation still outstanding at the time of the departure of a limited partner is to be considered as a contribution in arrears according to Section 167 para 3 of the G...BFG: Crypto mining as a VAT-exempt service2021-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-crypto-mining-as-a-vat-exempt-service-5f838cbd/The Federal Fiscal Court (Bundesfinanzgericht, BFG) determined whether mining and exchange of cryptocurrencies are to be interpreted as sales tax-exempt services. The complainant was a company in the field of blockchain and cryptocurrency technology,...OGH: No location surcharge & deduction from rent for traffic noise2021-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-location-surcharge-deduction-from-rent-for-traffic-noise-4c2983cc/The Austrian Supreme Court (Oberster Gerichtshof, OGH) handled the question whether, when assessing the admissibility of a location surcharge, above-average street or traffic noise in the residential environment is to be taken into account and whethe...OGH: Further payment of wages after change to employment relationship2021-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-further-payment-of-wages-after-change-to-employment-relationship-d768693f/The Supreme Court (Oberster Gerichtshof, OGH) handled the question of whether, when a worker changes to a salaried employment relationship, the previous periods of service with the same employer are to be taken into account for the entitlement period...OGH: Duty of banks to provide information to guardianship court2021-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-duty-of-banks-to-provide-information-to-guardianship-court-978e9e95/Upon request, the bank must also provide the guardianship court with information on whether there have been any account movements since the account was opened or what the current account balance is. The bank's obligation to provide information to the...ECJ: Rest breaks as working time in the case of rapid readiness for work2021-09-22T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-rest-breaks-as-working-time-in-the-case-of-rapid-readiness-for-work-a5a6d75a/The European Court of Justice (ECJ) handled the interpretation of Art 2 of Directive 2003/88 in connection with whether rest breaks are to be regarded as working time if the worker must be ready for work within two minutes during the breaks. In the c...VwGH: Taxation of managing directors working in Russia2021-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-taxation-of-managing-directors-working-in-russia-06c02419/The Austrian Administrative Court of Justice (Verwaltungsgerichtshof, VwGH) has ruled that the taxation of income from employment under the double taxation agreement (Doppelbesteuerungsabkommen, DBA) between Russia and Austria is not exclusively base...OGH: Jurisdiction in the case of "self-monitored home quarantine"2021-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-jurisdiction-in-the-case-of-self-monitored-home-quarantine-26723b3f/In the present case, the Supreme Court (Oberste Gerichtshof, OGH) examined the question of the application of Section 7(1a) sentence 2 of the Epidemics Act (Epidemiegesetz, EpiG) to "self-monitored home quarantine," which arises directly from the COV...OGH on the self-dealing sale of real estate by a limited liability company2021-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-self-dealing-sale-of-real-estate-by-a-limited-liability-company-215568d3/Ivona VučićThe Supreme Court (Oberster Gerichtshof, OGH) examined the problem of the sale of real estate by a limited liability company (Gesellschaft mit beschränkter Haftung, GmbH) to its only two managing directors and explained under which circumstances such...OGH on the duty to cooperate in the constitution of the arbitral tribunal2021-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-duty-to-cooperate-in-the-constitution-of-the-arbitral-tribunal-ae2bc41f/The Supreme Court (OGH) has dealt with the scope of the obligation to cooperate in the constitution of an arbitral tribunal in an association. In the case at hand, the plaintiff wanted to be reimbursed by her association for training costs. In accord...OGH on insured activities of an accountant2021-09-15T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-insured-activities-of-an-accountant-40b26cf8/In this case, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether the intervention of an accountant as an agent for service of documents in income tax matters is covered by her professional liability insurance. The plaint...VwGH: Good faith in the case of tax liability2021-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-good-faith-in-the-case-of-tax-liability-2a250fef/In this case, the Administrative Court (Verwaltungsgerichtshof, VwGH) decided whether the principle of good faith should be applied in connection with a confirmation by the tax office (Finanzamt, FA) about the cessation of tax liability. The appellan...OGH on the "benefit" of a care legacy2021-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-benefit-of-a-care-legacy-b00f4a32/The Supreme Court (OGH) dealt with the question of what is to be understood by a "benefit" in connection with the care legacy according to Section 677 (1) of the General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). In the original case, th...G: Repayment of early repayment penalty paid to bank2021-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/g-repayment-of-early-repayment-penalty-paid-to-bank-bf4824c5/The Federal Court of Justice (Bundesgerichtshof, BGH) rejected a bank's appeal against non-admission and upheld the judgment of the Higher Regional Court (Oberlandesgerichts, OLG) of Frankfurt am Main in the dispute over prepayment penalties. The rig...Fiscal Council Adjustment Act 2021 under review2021-09-08T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/fiscal-council-adjustment-act-2021-under-review-ab4ef09d/With the submitted bill on the Fiscal Council Adjustment Act 2021 (Fiskalratsanpassungsgesetz, FRAG 2021), the government intends to comply with the EU Council Recommendation 2016/C 349/01 by creating an Austrian Productivity Council. The amendment i...OGH: Dismissal of an advisory board member on important grounds2021-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-dismissal-of-an-advisory-board-member-on-important-grounds-539f20ae/Whether there are important grounds within the meaning of Sec. 27 (2) of the Private Foundation Act (Privatstiftungsgesetz, PSG) for the dismissal of a member of a foundation's governing body is, according to the established case law of the Austrian ...OGH: Sec. 1 UWG - Disparagement of the competitor2021-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-sec-1-uwg-disparagement-of-the-competitor-de6e0806/The competitor may not disparage his rival competitor out of hand and harm him in a business sense, even if a business-damaging allegation is true. An unnecessary and unobjective disparagement, which may contain a kernel of truth, is contrary to fair...VwGH: No half tax rate for marginal employment2021-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-no-half-tax-rate-for-marginal-employment-f9d84733/In the case at hand, the Supreme Administrative Court of Austria (Verwaltungsgerichtshof, VwGH) ruled on whether the taking up of gainful employment after the sale of a business precluded the applicability of a preferential tax rate. In September 201...D: Inadmissibility of Booking.com's "narrow best price" clause2021-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/d-inadmissibility-of-booking-com-s-narrow-best-price-clause-b101ee4e/Booking.com's so-called "narrow best price clause" is not compatible with antitrust law. In future, partner hotels may no longer be prohibited from offering rooms at lower prices on their own websites. This clause restricts competition for offering h..."Climate ticket" applicable in almost the whole of Austria from 26.10.20212021-09-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/climate-ticket-applicable-in-almost-the-whole-of-austria-from-26-10-2021-71c86694/On August 18, 2021, the way was paved for a comprehensive tariff reform with the publication of the decree BGBl. II No. 363/2021 "Implementation of the Climate Ticket" in the Federal Law Gazette. This is an implementation regulation which further ela...VwGH: Basis of assessment for land transfer tax2021-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-basis-of-assessment-for-land-transfer-tax-c5987280/In the case at hand, the Supreme Administrative Court (Verwaltungsgerichtshof, VwGH) dealt with the question of whether the debt estate of a bank is to be added to the assessment basis of the land transfer tax. The plaintiff sold a property with lien...OGH: Fundamentals for the calculation of the care legacy2021-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-fundamentals-for-the-calculation-of-the-care-legacy-7cd31f68/The Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of the principles according to which the amount of the care legacy must be determined (Sec. 678 (1) Austrian Civil Code - Allgemeines Bürgerliches Gesetzbuch, ABGB). In th...OGH on the "making available" of an invention (Sec. 3 (1) PatG)2021-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-making-available-of-an-invention-sec-3-1-patg-f4a1f362/The Austrian Supreme Court (Oberster Gerichtshof, OGH) gave its opinion on the question of "making available" within the meaning of Section 3 (1) Patent Act (Patentgesetz, PatG). It saw reason to do so because there is no recent case law on the subje...OGH on laesio enormis in connection with a lawyer's fee2021-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-laesio-enormis-in-connection-with-a-lawyer-s-fee-bccb1c81/In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of which standards are to be used to assess whether a freely agreed lawyer's fee is laesio-enormis. In the case at hand, the plaintiff sought payment ...New guidelines for ensuring the climate compatibility2021-08-25T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-guidelines-for-ensuring-the-climate-compatibility-aac8d37f/On 29 July 2021, the Commission adopted new technical guidelines for ensuring the climate compatibility of future infrastructure projects. This measure aims to promote the integration of climate considerations in future investments and developing inf...OGH on the accounting for building demolition costs2021-08-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-accounting-for-building-demolition-costs-0125b224/The costs of demolishing buildings that have been in the company's assets for a longer period of time cannot be capitalized in the balance sheet as subsequent production costs of land, but represent an expense. The plaintiff - a construction, housing...OGH on asset sacrifice and usufructuary rights (ErbRÄG 2015)2021-08-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-asset-sacrifice-and-usufructuary-rights-erbraeg-2015-fbb761ff/The Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question whether a right of usufruct reserved in the course of a gift prevents the provision of a property sacrifice even under the new legal situation following the Inheritance La...BMJ: Civil Procedure Amendment 2021 under review2021-08-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bmj-civil-procedure-amendment-2021-under-review-0b4483f6/The Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) has submitted the draft for the Civil Procedure Amendment 2021 (Zivilverfahrens-Novelle 2021) for review. With this, the BMJ wants to further advance digitalization in the judiciary ...BFG: Capital income from foreign "black fund”2021-08-18T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-capital-income-from-foreign-black-fund-91d5afb4/The Federal Fiscal Court (Bundesfinanzgericht, BFG) dealt with the tax base of investment income from a foreign "black fund". The plaintiff held shares in an investment fund at a Swiss private bank. This was a so-called "black fund", i.e. a foreign i...OGH: Fraudulent bankruptcy also renders payment plan null and void2021-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-fraudulent-bankruptcy-also-renders-payment-plan-null-and-void-f67b08fd/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled for the first time on whether the provision of Sec. 158 of the Insolvency Code (Insolvenzordnung, IO), according to which the reorganization plan is null and void if the debtor is convicted...OGH on the professional liability of a drafter of a contract2021-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-professional-liability-of-a-drafter-of-a-contract-bb5094a0/In the case of contractual modalities that have already been stipulated, the drafter of a contract is only obliged to formulate what has been agreed accordingly and to put it into a legal form, but not to propose alternative contractual constructions...Germany: Part 1: Modernization of German Partnership Law2021-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-part-1-modernization-of-german-partnership-law-1945dda7/The long-awaited Act on the Modernization of Partnership Law (Personengesellschaftsmodernisierungsgesetz, (MoPeG) is now scheduled to come into force on 01.01.2024. The outdated provisions of partnership law will be adapted to current case law and th...European Commission takes steps in the fight against financial crime2021-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/european-commission-takes-steps-in-the-fight-against-financial-crime-8848510b/With the help of a total of four legislative proposals, the Commission seeks to improve the regulations on combating money laundering and terrorist financing. The new measures are intended in particular to mitigate the additional risks created by tec...ESMA Statement on SPACs2021-08-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/esma-statement-on-spacs-c6010050/Special Purpose Acquisition Companies (SPACs) have gained strong popularity within the European Union since the beginning of the year. In a public statement, the European Securities and Markets Authority (ESMA) has now commented on questions regardin...Green light for the Renewable Energy Expansion Act Package2021-08-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/green-light-for-the-renewable-energy-expansion-act-package-90484f05/On 07.07.2021, the Renewable Energy Expansion Act Package (Erneuerbaren-Ausbau-Gesetzespaket) received the necessary two-thirds majority of the National Council. The legal measures are intended to take into account the Austrian federal government's g...BFG: Assertion of a lump sum for a child's vocational training2021-08-04T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-assertion-of-a-lump-sum-for-a-child-s-vocational-training-e3279782/In the current case, the Federal Fiscal Court dealt (Bundesfinanzgericht, BFG) with the possibility of claiming extraordinary burdens in the context of a child's education. The plaintiff's daughter studied at a university of applied sciences (Fachhoc...ECJ: AUA subsidy in conformity with EU law2021-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-aua-subsidy-in-conformity-with-eu-law-dc77dc35/The General Court of the European Union confirmed the Commission's decision of 6 July 2020 that the state subsidy of €150 million granted to the airline Austrian Arlines AG (AUA) was compatible with EU state aid law under Article 107(2)(b) of the Tre...OGH on the review procedure under the GesAusG2021-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-review-procedure-under-the-gesausg-ced858df/In the review procedure regarding the cash settlement for shareholders excluded under the Austrian Shareholders' Exclusion Act (Gesellschafter-Ausschlussgesetz, GesAusG), neither an execution title is to be created, nor is interest to be paid on the ...Germany: Legal expenses insurance must inform of invalid clauses2021-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-legal-expenses-insurance-must-inform-of-invalid-clauses-f01d1b48/In its ruling of 31 March 2021, the Federal Supreme Court of Germany (Bundesgerichtshof, BGH) declared a clause of the general terms and conditions of a legal expenses insurer to be invalid, which, for a temporal classification of a legal expenses ca...Revocation of trade license within the meaning of Sec. 87 (1) (1) GewO2021-07-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/revocation-of-trade-license-within-the-meaning-of-sec-87-1-1-gewo-db6bbe7b/The Supreme Administrative Court of Austria (Verwaltungsgerichtshof, VwGH) clarifies that the preparation of a prognosis, which is to be made in the case of a questionable withdrawal of a trade license, depends on the circumstances of the individual ...OGH: Applicability of the Tenancy Act2021-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-applicability-of-the-tenancy-act-eb241a23/In the case at hand, the Supreme Court (OGH) dealt with the question of how structural changes to a building between the conclusion of the lease agreement and the start of the lease affect the application of the Tenancy Act (MRG). The plaintiff was t...OGH: On status as a party in probate proceedings2021-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-status-as-a-party-in-probate-proceedings-998c9eab/Third parties, such as contractual partners of the decedent, creditors or legatees, are in principle not parties in probate proceedings and therefore not entitled to lodge appeals. If the rights of third parties are infringed by a court decision, the...Government proposal for the Insolvency Law Amendment 20212021-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/government-proposal-for-the-insolvency-law-amendment-2021-a2027b8f/The Federal Government has submitted the government bill for the Restructuring and Insolvency Directive Implementation Act (Restrukturierungs- und Insolvenz-Richtlinien-Umsetzungsgesetz - RIRUG). Under the amendment, companies should be able to avert...Government draft Consumer Warranty Act2021-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/government-draft-consumer-warranty-act-bd33a62f/The new Consumer Warranty Act (VGG) is intended to implement both the Digital Content Directive and the Sale of Goods Directive. Full implementation is to be achieved through amendments to the Austrian General Civil Code (ABGB) and the Consumer Prote...D: fee for payment via "Immediate Transfer" or "PayPal" is permissible2021-07-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/d-fee-for-payment-via-immediate-transfer-or-paypal-is-permissible-5cc8baaa/On March 25, 2021, the German Federal Court of Justice (BGH) ruled in a final decision that charging a fee for cashless payments via Immediate Transfer (Sofortüberweisung) or PayPal is legally permissible. There was no violation of Section 3a of the ...OGH: Social plan and waiver of avoidance2021-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-social-plan-and-waiver-of-avoidance-8b4f3f80/According to a decision of the Supreme Court, the payment of a voluntary settlement by a social plan may be made dependent on the employee’s or the works council’s refraining from challenging the termination in court. In the present case, a works agr...OGH on the liability of the guardian for adults vis-à-vis third parties2021-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-liability-of-the-guardian-for-adults-vis-a-vis-third-parties-e167a292/The duties of a guardian to safeguard and promote the well-being of the ward are only relevant vis-à-vis the ward, but not vis-à-vis third parties. In the case at hand, the defendant was appointed as guardian for an adult (Erwachsenenvertreter, forme...D: UPDATE: Controversial Legal-Tech Act passed2021-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/d-update-controversial-legal-tech-act-passed-012a1248/On June 10, 2021, the Bundestag (Lower House of the German Federal Parliament) passed the controversial "Legal-Tech Act" (Act to Promote More Consumer-Friendly Offerings in the Legal Services Market). It provides for contingency fees for lawyers and ...Austrian Administrative Court on tax privileges for stock options2021-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/austrian-administrative-court-on-tax-privileges-for-stock-options-925738c3/In the case at hand, the appellant had been granted options for the acquisition of shares ("stock options") by his employer. The appellant had the choice between two alternatives, either "exercise & sell" or "exercise & hold". The appellant opted for...Antitrust: Possible anti-competitive practices by Facebook?2021-06-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/antitrust-possible-anti-competitive-practices-by-facebook-f6a0aacd/The European Commission has launched an antitrust investigation into Facebook. The suspicion is that Facebook might have violated EU rules on anti-competitive agreements (Article 101 TFEU) and/or on abuse of a dominant market position (Article 102 TF...ECJ: Content does not make a newspaper a defective product2021-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-content-does-not-make-a-newspaper-a-defective-product-d92d4142/The European Court of Justice (ECJ) has ruled that a printed copy of a newspaper whose content contains incorrect health tips is not a "defective product" within the meaning of the Product Liability Directive (85/374/EC). In the main proceedings, a r...Trademark "ABSOLUT" is not absolutely prohibited2021-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/trademark-absolut-is-not-absolutely-prohibited-84901e5a/The marketing of a snow park operator bore great similarities to the vodka brand "Absolut" and this has now led to legal consequences for her. The defendant used the sign "ABSOLUT PARK" on many different objects in its snow park. In addition, the def...EU Parliament and Council: Milestone for tax transparency2021-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-parliament-and-council-milestone-for-tax-transparency-f727f9f2/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...Banking sector: inadmissible general terms and conditions2021-06-23T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/banking-sector-inadmissible-general-terms-and-conditions-3c8471bf/In a landmark ruling against Postbank, the Federal Court of Justice (Bundesgerichtshof, BGH) ruled that the clauses in the General Terms and Conditions (GTC) on the increase of fees for current accounts were to be considered invalid if they feigned t...VwGH: Compensation payments by the employee tax deductible2021-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-compensation-payments-by-the-employee-tax-deductible-8777a883/In the current case, the Supreme Administrative Court (Verwaltungsgerichtshof, VwGH) ruled on the tax deductibility of settlement payments made by an employee to the former employer. The background to the decision was the imposition of a fine on a co...OLG Linz: No culpability as per Sec. 178 StGB in case of low viral load2021-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/olg-linz-no-culpability-as-per-sec-178-stgb-in-case-of-low-viral-load-25295b8a/The Linz Higher Regional Court (Oberlandesgericht Linz, OLG Linz) has ruled that the mere failure to comply with a quarantine order ("quarantine breach") is not in itself sufficient for criminal liability under Sec. 178 of the Criminal Code (Strafges...OGH: Warranty - transferor may inspect item beforehand2021-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-warranty-transferor-may-inspect-item-beforehand-d56ba4a9/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that it follows from the priority of subsequent performance (improvement) in warranty law that the transferee must make the defective item available to the transferor for inspection. In...OGH: Lawyer's liability in the event of faulty execution2021-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-lawyer-s-liability-in-the-event-of-faulty-execution-09cff285/A lawyer must obtain the consent of their client if it is questionable whether further execution steps are still in the interest of the client. This has been established by the Austrian Supreme Court. In the case of contradictory or insufficiently sp...Germany: New competition rules for large digital corporations2021-06-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-new-competition-rules-for-large-digital-corporations-0ffa0e89/On the basis of the newly created Section 19a of the (German) Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB), which came into force at the beginning of the year through the 10th GWB amendment (GWB-Digitalisierungs...OGH: Arbitration clause binds third parties benefiting from contract2021-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-arbitration-clause-binds-third-parties-benefiting-from-contract-fc108180/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that an arbitration clause in a contract with protective effect in favor of third parties is also binding for the beneficiary third party. In the present proceedings, the universal succ...NC adopts legislative package on the European Public Prosecutor’s Office2021-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/nc-adopts-legislative-package-on-the-european-public-prosecutor-s-office-93a603d7/With the aim of enacting the Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO), the Austrian National Council (NC) has adopted a legislative p...Green light for the digital COVID certificate2021-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/green-light-for-the-digital-covid-certificate-f0b43538/On 17 March 2021, the European Commission proposed the introduction of a digital green certificate to serve as proof that a person has been vaccinated against COVID-19, tested negative or recovered. Within two months, the Commission, Council and Parl...European Green Deal: Commission adopts new pollutant action plan2021-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/european-green-deal-commission-adopts-new-pollutant-action-plan-ff17b940/On 12 May 2021, the European Commission adopted its new EU action plan towards zero pollution for air, water and soil with the vision that, by 2050, pollution will be reduced to levels no longer harmful to human health or natural ecosystems. Frans Ti...ESMA: Proposal for mandatory reporting of net short positions2021-06-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/esma-proposal-for-mandatory-reporting-of-net-short-positions-7f49cb19/In March 2020, in response to the Corona pandemic, the European Securities and Markets Authority (ESMA) tightened the reporting requirement for net short positions in relation to a company's issued share capital. This obligation now applied to positi...OGH: Consequences of a coronavirus-related business closure2021-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-consequences-of-a-coronavirus-related-business-closure-2d255b5e/The duration of a fixed-term employment relationship may be fixed in terms of a specific date or linked to a specific event. The wording "end of the winter season" is an objectively determinable event that also occurs in combination with an officiall...European Commission: EU-wide business taxation2021-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/european-commission-eu-wide-business-taxation-8003e868/In a Communication on Business Taxation for the 21st Century, the European Commission (EC) has introduced its vision on how to promote a robust, efficient and fair business tax system in the European Union. To this end, the EC will present by 2023 a ...EU: Evaluation results for horizontal agreements between companies2021-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-evaluation-results-for-horizontal-agreements-between-companies-a27d4298/On 6 May 2021 the European Commission published the findings of the evaluation of the two horizontal block exemption regulations on Research & Development and specialization agreements (“R&D BER” and “Specialization BER” respectively, together “HBERs...ECJ: No selective advantage for Amazon subsidiary2021-06-02T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-no-selective-advantage-for-amazon-subsidiary-b055fbdf/In the present case, the General Court of the European Union annulled a Commission decision concerning operating aid because the findings in the decision could not be proven accordingly. The background was the taxation of two Luxembourg subsidiaries ...OGH: Official liability for costs of unnecessary proceedings2021-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-official-liability-for-costs-of-unnecessary-proceedings-8de54c26/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has decided that a claim for official liability exists if the court interprets legal provisions in an unwarranted manner and as a result takes or initiates evidently unnecessary procedural steps ...OGH: Amtshaftung für Kosten eines unnötigen Verfahrens2021-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-amtshaftung-fuer-kosten-eines-unnoetigen-verfahrens-0e1be407/Der Oberste Gerichtshof (OGH) hat entschieden, dass ein Amtshaftungsanspruch besteht, wenn das Gericht Gesetzesbestimmungen in unvertretbarer Weise auslegt und daraufhin evident unnötige Verfahrensschritte unternimmt oder veranlasst, die zu vermeidba...OGH: Advertising of a lawyer2021-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-advertising-of-a-lawyer-0cf168f4/A legal advisor's choice of words announcing a "forceful medial representation" (“schlagkräftige mediale Durchsetzung”) is not an insulting or credit-damaging approach and is justifiable in the sense of section 9 (1) of the Lawyers' Act (Rechtsanwalt...Finance Committee: Blümel for global model of a digital tax2021-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/finance-committee-bluemel-for-global-model-of-a-digital-tax-a41e9104/In the context of the Finance Committee (Finanzausschuss), Finance Minister Blümel advocated a global solution for a digital tax during the debate on the EU's 2021 annual budget. Globally active corporations, especially in the digital sector, should ...European Commission opposes distortive effects of foreign subsidies2021-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/european-commission-opposes-distortive-effects-of-foreign-subsidies-90e515c2/The European Commission proposes a new regulation on distortions in the Single Market caused by foreign subsidies. This regulation aims to close the existing regulatory gaps in the Single Market. The granting of subsidies by non-EU governments curren...ECJ: Hard aircraft landing does not constitute an "accident"2021-05-26T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-hard-aircraft-landing-does-not-constitute-an-accident-3028f7fc/The European Court of Justice (ECJ) had to decide in the course of damages proceedings on the request for a preliminary ruling by the Austrian Supreme Court (Oberster Gerichtshof, OGH) whether a hard aircraft landing can constitute an accident within...VwGH: Benefits granted to shareholders2021-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-benefits-granted-to-shareholders-cd3c4bbd/In spring 2009, a limited liability company (Gesellschaft mit beschränkter Haftung, GmbH) sold its shareholding in a company for a purchase price of EUR 473,181.80. Of this amount, EUR 20,000 was paid to the selling limited liability company, the rem...European Green Deal: Stricter CSR reporting requirements2021-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/european-green-deal-stricter-csr-reporting-requirements-dd95fdbd/Only a few years ago, with the so-called Corporate Social Responsibility Directive (CSR Directive), the EU Accounting Directive was supplemented by an obligation for larger companies to include a "non-financial statement" in their management report. ...OGH: "lack of novelty" and "inventive step" (PatG)2021-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-lack-of-novelty-and-inventive-step-patg-a31360a5/In the Austrian Patent Act (Patentgesetz, PatG), opposition proceedings are characterised by the principle of disposition. In principle, unasserted grounds for opposition are not to be taken into account. However, a ground for opposition need not be ...BFG: Revocation of legal aid in case of refusal to cooperate2021-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-revocation-of-legal-aid-in-case-of-refusal-to-cooperate-1b6309f8/In the present proceedings, the Austrian Federal Fiscal Court (Bundesfinanzgericht) addressed the question of legal aid (Verfahrenshilfe) within the meaning of Sec. 292 Federal Fiscal Code (Bundesabgabenordnung). On 4 November 2019, the account balan...ECJ: Diversion to a nearby airport is not a cancellation2021-05-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-diversion-to-a-nearby-airport-is-not-a-cancellation-172847d2/A passenger shall not be entitled to compensation for cancellation if his flight has been diverted and he lands at an airport which, although not the same as the destination airport provided for in the original booking, serves the same place, city or...EU Commission proposes legal framework for AI2021-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-commission-proposes-legal-framework-for-ai-bf4e9555/The European Commission introduced a proposal for a regulation on laying down harmonized rules on artificial intelligence (Artifical Intelligence Act). This proposal represents the European Commission’s first ever legal framework for AI. Below, the c...OGH: Exclusion of the public does not have to justify nullity2021-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-exclusion-of-the-public-does-not-have-to-justify-nullity-f76a6030/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that exclusion of the public from oral hearings in civil proceedings is not a ground for nullity to be challenged by the courts if both parties waive their right to appeal against the e...Drunk on the way home: OGH on the cancellation of insurance coverage2021-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/drunk-on-the-way-home-ogh-on-the-cancellation-of-insurance-coverage-9da9ecd6/An employee sought the award of a disability pension from the General Accident Insurance Fund (Allgemeine Unfallversicherungsanstalt, AUVA) after suffering an accident on the way home from his place of work. This was to no avail, as according to the ...BCBS takes COVID-19 into focus2021-05-05T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bcbs-takes-covid-19-into-focus-534b62ae/The Corona crisis has also presented the banking sector with great challenges. The Basel Committee on Banking Supervision addresses these challenges in its work programme for 2020-2021 and will make COVID-19 a core part of its focus. In addition, the...Germany: Federal Constitutional Court declares Berlin rent cap unconstitutional2021-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-federal-constitutional-court-declares-berlin-rent-cap-unconstitutional-38fa7ea1/The Berlin rent cap violates the German Constitution (Grundgesetz). The state of Berlin has no legislative competence to regulate rent levels. At the beginning of 2020, the Berlin State Law on the Reorganization of Legal Regulations to Limit Rents wa...Draft for new consumer warranty law presented2021-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/draft-for-new-consumer-warranty-law-presented-ccd84a60/The Federal Ministry of Justice (Bundesministerium für Justiz) has submitted a draft for a new consumer warranty law for review. In the course of this, the general warranty law will also be adapted. The reform is the implementation of two European di...BVwG: Green light for construction project "Traisental Schnellstraße" S 342021-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bvwg-green-light-for-construction-project-traisental-schnellstrasse-s-34-289003ce/The decision of 06.04.2021 of the Austrian Supreme Administrative Court (Bundesverwaltungsgericht, BVwG) confirmed that the infrastructure project "S34 Traisental Schnellstraße St. Pölten/Hafing (B1) - Knoten St. Pölten/West (A1) - Wilhelmsburg Nord ...Salzburg Regional Court: Proportionate refund for purchasers of season tickets at ski resorts that were forced to close due to the Corona pandemic2021-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/salzburg-regional-court-proportionate-refund-for-purchasers-of-season-tickets-at-0b6294ec/The plaintiffs purchased "SuperSkiCards" from the defendant in autumn 2019, which entitled them to use several ski resorts from 12.10.2019 to 03.05.2020. After all ski resorts had to close in March 2020 due to the Corona pandemic, the ski season was ...Antitrust law: Advocate General in favor of "descending" liability for damages of the cartelists' subsidiaries2021-04-28T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/antitrust-law-advocate-general-in-favor-of-descending-liability-for-damages-of-t-a691e377/In a case before the European Court of Justice (ECJ), the theory of economic unity in antitrust law could take on a new dimension: While up to now parent companies have been punished for cartel violations committed by their subsidiaries ("ascending" ...OLG Vienna on COVID-19-related coverage denials2021-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/olg-vienna-on-covid-19-related-coverage-denials-8323031e/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 ...OGH: Non-professionals are obliged to refuse installation work2021-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-non-professionals-are-obliged-to-refuse-installation-work-e85079e2/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that someone who takes on a job for which expertise is required without the appropriate expertise has acted culpably and in tort. In the present case, the defendant installed a new but unsu...OGH to ECJ: Right to information: categories of recipients under GDPR2021-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-to-ecj-right-to-information-categories-of-recipients-under-gdpr-a8964e7e/The Austrian Supreme Court (OGH) has referred a question to the European Court of Justice (ECJ) for a preliminary ruling regarding Art 15 (1) (c) of the General Data Protection Regulation (GDPR). The question is whether the data controller has the ri...ECJ: Embedding content as communication to the public2021-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-embedding-content-as-communication-to-the-public-c199f619/The European Court of Justice (ECJ) had to decide on the interpretation of Art 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the in...Home office regulations continue2021-04-21T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/home-office-regulations-continue-c3402045/The recently adopted legal home office regulations could not completely convince the opposition parties SPÖ and NEOS. They criticize the lack of regulations in the areas of data security, data protection and mobile working and have tabled motions for...BFG: COVID-19 no justification for unpaid parking ticket2021-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-covid-19-no-justification-for-unpaid-parking-ticket-ec1ecfb2/The plaintiff was accused of having negligently shortened the Vienna parking meter fee several times, as she had parked a multi-lane motor vehicle in a short-stay parking zone for which a fee had to be paid on several days, but without marking it wit...OGH: general meeting minutes are no proof of power of representation2021-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-general-meeting-minutes-are-no-proof-of-power-of-representation-db422052/In several general meetings held by the plaintiff limited liability company (Gesellschaft mit beschränkter Haftung, GmbH) as general meetings without a chairman, one of the two managing directors with collective representation authority (second manag...OGH: Statistically derived probability data constitute personal data2021-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-statistically-derived-probability-data-constitute-personal-data-e06bcc40/Data calculated via statistical probabilities and merely "attributed" to a person are also personal data within the meaning of the General Data Protection Regulation (GDPR). Upon the plaintiff's request, the defendant provided him with information ab...ECJ on the essential facilities doctrine2021-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-the-essential-facilities-doctrine-a88fe468/According to the case law of the European Court of Justice (ECJ), under certain circumstances a company abuses its dominant position if it denies competing companies access to its infrastructure. In a dispute in the telecommunications sector, the ECJ...FCA does not like Facebook's takeover of GIPHY2021-04-14T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/fca-does-not-like-facebook-s-takeover-of-giphy-666e399f/The Austrian Federal Competition Authority (FCA) is currently investigating the takeover of the US GIF and sticker platform GIPHY by the US Facebook group. The merger had not been notified - possibly unjustly, according to the FCA. In May 2020, Faceb...ECJ on the minimum rest period2021-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-the-minimum-rest-period-2b9a45a4/The European Court of Justice (ECJ) has ruled that the minimum daily rest period applies to all of a worker's employment contracts with the same employer taken together and not to each contract separately. In the case at hand, experts were employed a...ECJ: passenger compensation in case of unionized pilots' strike2021-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-passenger-compensation-in-case-of-unionized-pilots-strike-91ba3731/In the case at hand, the European Court of Justice (ECJ) made a decision diametrically opposed to the Advocate General's opinion in a relatively rare case. This was triggered by a passenger's claim for compensation under the European Air Passenger Re...Presentation of secretly recorded videos in guardianship proceedings2021-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/presentation-of-secretly-recorded-videos-in-guardianship-proceedings-d9690b45/If an injunction is issued to stop the disclosure or dissemination of secretly recorded video material, this does not preclude the presentation of the recordings in court proceedings. In the case at hand, the defendant secretly recorded several video...VfGH: Pharmacy proviso is not unconstitutional2021-04-07T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vfgh-pharmacy-proviso-is-not-unconstitutional-66308871/The Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has ruled in a procedure at the request of a drugstore chain that the ban on the purchase and sale of non-prescription medicines (Apothekenvorbehalt) pursuant to Sec. 57 (1) of the Medi...OGH: admissibility of hypothetical merger notifications in cartel law2021-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-admissibility-of-hypothetical-merger-notifications-in-cartel-law-5d11df00/In the course of the notification of a merger to the Federal Competition Authority (Bundeswettbewerbsbehörde, BWB), the Austrian Supreme Court (Oberster Gerichtshof, OGH) had to address the question of whether such merger notifications are possible w...BUAG amendment on the way2021-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/buag-amendment-on-the-way-d40d095e/The Austrian People's Party (ÖVP), the Greens and the Social Democratic Party (SPÖ) submitted a joint motion to the Social Affairs Committee to amend the Construction Workers' Leave and Severance Pay Act (Bauarbeiter-Urlaubs- und Abfertigungsgesetz, ...ECJ on the classification of on-call time as working time2021-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-the-classification-of-on-call-time-as-working-time-54f0f42e/The European Court of Justice (ECJ) has ruled that the assessment of whether on-call time is working time or rest time requires a consideration of the individual case. It thus followed the Advocate General's opinion in the case. In the present case, ...OGH: Only business shutdowns due to Epidemic Act are insured2021-03-31T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-only-business-shutdowns-due-to-epidemic-act-are-insured-638c979b/Insurers of epidemic business interruption insurance are generally only obliged to provide cover if the business was closed due to the Epidemic Act (Epidemiegesetz, EpiG). Closures under the COVID-19 Measures Act (COVID-19-Maßnahmengesetz) are not co...Report on vignette exemption for freeway sections near the border2021-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/report-on-vignette-exemption-for-freeway-sections-near-the-border-e115acbc/The amendment to the Federal Road Toll Act 2002 (Bundesstraßen-Mautgesetz, BStMG) passed by the National Council on 13 November 2019 was supposed to solve the problem: Due to the existing toll obligation in Austria, there was "almost continuous evasi...GDPR: major case of video surveillance at the workplace2021-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/gdpr-major-case-of-video-surveillance-at-the-workplace-4cb96e40/The State Data Protection Commissioner (Landesbeauftrage für den Datenschutz, LfD) of Lower Saxony (Germany) imposed a fine of 10.4 million EUR because the company (notebooksbilliger.de) unlawfully monitored its employees by video over a period of at...Still no obligation to inquire about insolvency for non-entrepreneurs2021-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/still-no-obligation-to-inquire-about-insolvency-for-non-entrepreneurs-98eb2327/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that even easily accessible information in the edict file via the internet does not change the fact that non-entrepreneurs are not obliged to inquire about possible insolvencies of thei...Extensive changes in bank supervision and settlement2021-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/extensive-changes-in-bank-supervision-and-settlement-257d2ea1/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...Germany - Modernization of the law on partnerships adopted2021-03-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/germany-modernization-of-the-law-on-partnerships-adopted-e2208850/The German Federal Cabinet recently approved a submitted bill for a modernized partnership law. The impetus for the bill was that parts of the law on partnerships no longer meet today's practical needs. These include, in particular, the regulations o...BFG examines alleged violation of procedural regulations2021-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-examines-alleged-violation-of-procedural-regulations-d4f0a9b4/The basis for the violations of procedural regulations alleged by the plaintiff was formed by several decisions issued by the tax authority. The plaintiff alleged in these proceedings: The procedural reopening decisions were not substantiated or were...EU: Raising capital on public markets to be facilitated2021-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-raising-capital-on-public-markets-to-be-facilitated-56e2680c/A short prospectus for well-known issuers has been introduced at EU level. The aim is to help companies recapitalize in light of the economic impact of COVID-19. The EU Recovery prospectus aims to provide a simplified prospectus for issuers and inves...Amended COVID-19 regulation has entered into force2021-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/amended-covid-19-regulation-has-entered-into-force-2b6faad1/As of 15 March 2021, COVID-19 measures will be scaled back in many areas in the province of Vorarlberg. The amended Protective Measures Regulation (Schutzmaßnahmenverordnung) also stipulates that companies with more than 51 employees implement a COVI...Interference with the legal succession renders ineligible to inherit2021-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/interference-with-the-legal-succession-renders-ineligible-to-inherit-7562db0e/The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that with the new law of succession, the interference with the legal succession, e.g. by falsification or subversion of a will, also results in ineligibility to inherit according to Sec. 54...BMJ: Draft for a restructuring regulation presented2021-03-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bmj-draft-for-a-restructuring-regulation-presented-1fe36fbe/As part of the reform of insolvency law, the Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) has sent a draft law on the restructuring of companies (Restructuring Regulation – Restrukturierungsordnung, ReO) for review. The aim of the ...VwGH: Personal hunting right is no right equivalent to real property2021-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-personal-hunting-right-is-no-right-equivalent-to-real-property-b5120cac/Several plots of land of the agricultural and forestry business assets co-owned by partners were sold. The external auditor then determined that the total purchase price of the property included a share for the transfer of the personal hunting right ...COVID-19: Support for businesses and citizens to be expanded2021-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/covid-19-support-for-businesses-and-citizens-to-be-expanded-94d01e77/The "loss of earnings bonus" (Ausfallsbonus) (Regulation on the Loss of Earnings Bonus (Verordnung Ausfallsbonus), BGBl. II No. 74/2021), the turnover compensation (Umsatzersatz) for indirectly affected persons (Regulation on the Lockdown Compensatio...End of official secrecy has been drafted2021-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/end-of-official-secrecy-has-been-drafted-45c41e64/After 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...OGH: inadmissible passing on of costs in GTCs2021-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-inadmissible-passing-on-of-costs-in-gtcs-062d5196/The Austrian Supreme Court (Oberster Gerichtshof, OGH) had to examine a contract clause used by a retailer in the field of radio, hi-fi, TV and photo articles as well as hearing aids. The clause was intended to entail that the consumer bears the expe...Action of a former employee against manager is a labor law case2021-03-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/action-of-a-former-employee-against-manager-is-a-labor-law-case-20072ad1/The Higher Regional Court (Oberlandesgericht, OLG) of Vienna had to assess whether the lawsuit of a former employee against the managing director due to his statements damaging to her reputation belonged before the Labor and Social Court (Arbeits- un...EU approves state aid to support package travel organizers2021-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-approves-state-aid-to-support-package-travel-organizers-c12f44c2/The European Commission has approved a €300 million scheme for package travel organizers and intermediaries of linked travel arrangements Austria has registered a €300 million state guarantee scheme for approval by the Commission. This support measur...OGH annuls several GTC clauses of an online broker2021-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-annuls-several-gtc-clauses-of-an-online-broker-44f8f770/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has annulled numerous clauses of the General Terms and Conditions (GTC) of a Dutch online broker in an action brought by the Association for Consumer Information (Verein für Konsumenteninformatio...OGH: Excessive price is not a defect subject to reporting (Sec. 377 UGB)2021-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-excessive-price-is-not-a-defect-subject-to-reporting-sec-377-ugb-df1a69ed/The Austrian Supreme Court (Oberster Gerichtshof, OGH) recently ruled that in cases of reduction by more than half, there is no obligation to give notice of defects within the meaning of sections 377, 378 of the Austrian Commercial Code (Unternehmens...ECJ: 100% of voting rights suffice for liability for antitrust fines2021-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-100-of-voting-rights-suffice-for-liability-for-antitrust-fines-c0dde3ac/The European Court of Justice (ECJ) has made clear that a parent company's liability for infringements of competition law by its subsidiary does not require that the parent company holds 100% of the shares in the subsidiary. Rather, it is sufficient ...Draft for the Home Office Act 20212021-03-03T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/draft-for-the-home-office-act-2021-5d97545b/From 15.2.2021-19.2.2021, the planned Home Office Act (Homeoffice-Gesetz) was open for consultation. Objectives in the area of tax law: Creation of the possibility of non-taxable benefits by the employer for expenses in the area of home office: As pa...Data Protection Authority on disclosure of trade union data2021-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/data-protection-authority-on-disclosure-of-trade-union-data-c9a75de2/In the course of an appeal, the Austrian Data Protection Authority had to deal with the right to confidentiality under Section 1 of the Data Protection Act (Datenschutzgesetz, DSG). In the present proceedings, the plaintiff was an employee of the def...D: draft on new regulation of the professional law of lawyers2021-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/d-draft-on-new-regulation-of-the-professional-law-of-lawyers-1159fa6d/A government draft submitted by the German Federal Minister of Justice and Consumer Protection provides for a comprehensive new regulation of the professional law governing professional practice companies for lawyers and tax advisors. The aim of the ...OGH: Warning sign does not remedy failure to maintain road2021-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-warning-sign-does-not-remedy-failure-to-maintain-road-bb5c53e8/The mere posting of a general warning that winter maintenance will not be carried out cannot, as a rule, exclude the liability of the person responsible for the maintenance of the path. In the present case, the defendant, who runs a municipal cemeter...EU recognizes CCPs authorized by the SEC2021-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-recognizes-ccps-authorized-by-the-sec-4efb8668/According to Regulation (VO) 648/2012, clearing houses acting as central counterparties (CCPs) whose regulatory standards are equivalent to EU standards may provide clearing services to clearing members or trading venues established in the Union. In ...BFG on hidden profit distribution2021-02-24T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-on-hidden-profit-distribution-376ab752/In legal dispute 1, according to the prosecuting authority, a "loan was granted at the expense of the corporation without any customary content (no contract formulated in detail in writing, no agreement on interest, no collateral, handover in a car p...Reluctant easing of COVID-19 restrictions in Austria2021-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/reluctant-easing-of-covid-19-restrictions-in-austria-14358e38/After several weeks of "hard lockdown", the federal government has announced initial opening steps. As of 8 February 2021, the previously all-day curfew restrictions are to be limited to the period between 8 pm and 6 am. In addition, retailers, servi...BCBS on haircuts for securities financing transactions2021-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bcbs-on-haircuts-for-securities-financing-transactions-0a5ab5c2/The Basel Committee on Banking Supervision develops and maintains standards for the supervisory regulation of banks. The standards are implemented nationally by the members of the Committee. The Basel Committee is currently seeking clarification of f...ECJ: The right to remain silent does not justify dilatory tactics2021-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-the-right-to-remain-silent-does-not-justify-dilatory-tactics-ee9d800e/In a reference for a preliminary ruling, the European Court of Justice (ECJ) ruled that a refusal to appear at a hearing, for example, cannot be justified by the right to remain silent. The Italian Corporate and Stock Exchange Commission fined one pe...OGH on Sec. 10 (3) (3) Trademark Protection Act2021-02-17T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-sec-10-3-3-trademark-protection-act-0d89c3de/The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that the exemption provision of Sec. 10(3)(3) Trade Mark Protection Act 1970 (Markenschutzgesetz 1970, MSchG 1970) need not necessarily be limited to the practical only means of provid...OGH on the liability of a dual function holder within a group2021-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-liability-of-a-dual-function-holder-within-a-group-53cee023/If the obligatory approval of the supervisory board is not obtained when a letter of comfort is issued by the executive board of the subsidiary, the managing director is then directly liable to the parent company if he also serves on the executive bo...ECJ: Public authorities may refuse cash payment2021-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-public-authorities-may-refuse-cash-payment-b27f9f18/The European Court of Justice (ECJ) has ruled that the public administration can refuse cash as a payment option for reasons of public interest. In the case at hand, two German citizens were obliged to pay the broadcasting fee. They offered the Hessi...German federal government proposes "Legal Tech Act"2021-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/german-federal-government-proposes-legal-tech-act-4faedcf9/The government draft for an "act to promote consumer-friendly offers in the legal services market" of the German Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz, BMJV) provides for relaxatio...LG Linz: Misleading advertising for protective masks2021-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/lg-linz-misleading-advertising-for-protective-masks-d8652668/Protective mask manufacturers may not advertise that masks with integrated silver provide effective protection against bacteria, viruses and germs and can therefore protect against infection with COVID-19. On the homepage of the defendant protective ...OGH refers 1st COVID-19-JuBG to ECJ2021-02-10T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-refers-1st-covid-19-jubg-to-ecj-129f5bc7/The Austrian Supreme Court (Oberster Gerichtshof, OGH) referred the question to the European Court of Justice (ECJ) for a preliminary ruling whether the interruption of all procedural time limits pursuant to Sec. 1 (1) of the 1st COVID-19 Accompanyin...OGH on consumer jurisdiction for the purchase of investment products with Bitcoins2021-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-consumer-jurisdiction-for-the-purchase-of-investment-products-with-bitcoi-71e0cac8/When purchasing investment products that are advertised and distributed in Germany and whose purchase is only possible by means of Bitcoins, the consumer can only be sued in the country of residence. The defendant, resident in Germany, intended to pu...OGH on the presentation of standard information and the choice of representative example in consumer credit advertising (Sec. 5 (1) VKrG)2021-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-presentation-of-standard-information-and-the-choice-of-representative-fc77bf03/The Supreme Court (OGH) had to decide on a request for an injunction by the Association for Consumer Information (Verein für Konsumenteninformation, VKI) against a bank due to the manner of advertising for consumer loans. In the present case, the def...Brexit: Commission publication highlights benefits of EU membership over UK Trade and Cooperation Agreement2021-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/brexit-commission-publication-highlights-benefits-of-eu-membership-over-uk-trade-7e222cfd/Shortly before Christmas, the EU and the United Kingdom (as an exiting EU member state) agreed on a trade and cooperation agreement. This was intended to cushion the most severe consequences for the period after the post-Brexit transition period with...OGH on the exclusion of liability in a mandate agreement of a private foundation subject to approval2021-01-27T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-exclusion-of-liability-in-a-mandate-agreement-of-a-private-foundation-7cf4c033/When concluding a mandate agreement between a private foundation and a law firm to which one of the members of the foundation's board of directors belongs as a partner, no limitation of liability to gross negligence may be agreed. Pursuant to Sec. 17...Ministerial draft for a Telecommunications Act 2020 to strengthen consumer rights2021-01-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ministerial-draft-for-a-telecommunications-act-2020-to-strengthen-consumer-right-e3f88b1c/The Federal Ministry of Agriculture, Regions and Tourism (Bundesministerium für Landwirtschaft, Regionen und Tourismus, BMLRT) has submitted a draft Telecommunications Act 2020 (Telekommunikationsgesetz 2020, TKG 2020) for review. It serves to implem...OGH on the admissibility of compensation clauses of a public company in the course of a reorganization2021-01-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-admissibility-of-compensation-clauses-of-a-public-company-in-the-cour-400e56fc/In the course of the conversion of a limited partnership (Kommanditgesellschaft, KG) into a public limited company (Aktiengesellschaft, AG), two partners left the KG. The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled on the question of wha...OGH on the entry in the commercial register of a resolution contestable due to defects in the convening of the meeting2021-01-13T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-entry-in-the-commercial-register-of-a-resolution-contestable-due-to-d-6a87751c/The Austrian Supreme Court (Oberster Gerichtshof, OGH) had to clarify the question of whether a resolution that presents defects and is therefore contestable - not null and void - can be entered in the commercial register. At the general meeting of a...OGH: No violation of Art 6 ECHR when video conferencing is ordered in arbitration proceedings2021-01-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-no-violation-of-art-6-echr-when-video-conferencing-is-ordered-in-arbitration-9e1b3bf1/In the wake of the COVID-19 pandemic, video conferencing is a suitable means of maintaining business operations. According to the Austrian Supreme Court (Oberster Gerichtshof, OGH), if negotiations in arbitration proceedings are ordered in the form o...OGH: Abstract entitlement to the compulsory portion under Sec. 782 f. ABGB is assessed according to the time of gift and death2021-01-11T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-abstract-entitlement-to-the-compulsory-portion-under-sec-782-f-abgb-is-asses-28068736/For the first time, the Austrian Supreme Court (Oberster Gerichtshof, OGH) commented on the question of what point in time is relevant for the assessment of the abstract right to a compulsory portion under Sec. 782 f of the General Civil Code (Allgem...Establishment and sale of a building lease - which types of income are relevant for the property owner?2020-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/establishment-and-sale-of-a-building-lease-which-types-of-income-are-relevant-fo-ed733d9c/On the basis of a building lease contract concluded between the plaintiff and his contractual partner, a limited building lease was granted against payment. As a result, the plaintiff calculated the real estate income tax (Immobilienertragsteuer, Imm...VwGH: What travel time to and from work is reasonable for a full-time or part-time job?2020-12-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/vwgh-what-travel-time-to-and-from-work-is-reasonable-for-a-full-time-or-part-tim-4868f415/The individual seeking revision, who had been receiving unemployment benefits or emergency unemployment assistance for a longer period of time, was assigned a job of 25 hours per week by the Labor Market Service (Arbeitsmarktservice, AMS). The daily ...COVID-19: Amendement to the Regulation establishing special provisions in criminal matters to prevent the spread of COVID-192020-11-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/covid-19-amendement-to-the-regulation-establishing-special-provisions-in-crimina-323daac5/Regulation of the Federal Minister of Justice amending special provisions in criminal matters. § 9 of the Federal Law on Accompanying Measures for COVID-19 in the Judiciary (Das Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz , 1.C...8th COVID-19 Act: Courts gradually resume operations2020-11-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/8th-covid-19-act-courts-gradually-resume-operations-38f87fb7/As there has been a backlog in civil proceedings due to the corona measures, the 8th COVID-19 Act (8. COVID-19-Gesetz) is intended to gradually bring court operations back up to speed. In this context, the possibility was created to also conduct the ...4th COVID-19 Act: Amendment of the COVID-19 Company Law Act2020-11-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/4th-covid-19-act-amendment-of-the-covid-19-company-law-act-3c677fa8/By the 4th COVID-19 Act, amendments to the COVID-19 Company Law Act (gesellschaftrechtliches COVID-19-Gesetz) were adopted, inter alia. The Federal Act on Special Measures in Company Law arising from COVID-19 (Bundesgesetz betreffend besonderer Maßna...4th COVID-19 Act: Accompanying measures in criminal procedural law2020-11-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/4th-covid-19-act-accompanying-measures-in-criminal-procedural-law-1bdb4d23/The 4th COVID-19 Act (4.COVID-19-Gesetz) amended, inter alia, the Federal Act on accompanying measures for COVID-19 in the judiciary (Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz) and the Code of Criminal Procedure 1975 (Strafpr...Federal Act on the Expansion of Energy from Renewable Sources goes into review2020-11-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/federal-act-on-the-expansion-of-energy-from-renewable-sources-goes-into-review-493312a3/On 16 September 2020, the Federal Act on the Expansion of Energy from Renewable Sources (Bundesgesetz über den Ausbau von Energie aus erneuerbaren Quellen, EAG) was sent for review. The new act regulates the conditions for and the promotion of the ge...Draft Money Laundering Amendment 2020: Changes to the Criminal Code2020-11-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/draft-money-laundering-amendment-2020-changes-to-the-criminal-code-6220e74f/A ministerial draft of the Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) to amend the Austrian Criminal Code (Strafgesetzbuch, StGB) is intended to implement Directive (EU) 2018/1673 on the criminal law combating of money laundering...Federal Act on the Expansion of Energy from Renewable Sources goes into review2020-11-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/federal-act-on-the-expansion-of-energy-from-renewable-sources-goes-into-review-1e98fc73/On 16 September 2020, the Federal Act on the Expansion of Energy from Renewable Sources (Bundesgesetz über den Ausbau von Energie aus erneuerbaren Quellen, EAG) was sent for review. The new act regulates the conditions for and the promotion of the ge...COVID-19: Relaxation measures are reduced - new restrictions in force2020-11-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/covid-19-relaxation-measures-are-reduced-new-restrictions-in-force-3bf05612/Since May 2020, numerous restrictions in the work place, everyday life and leisure time had been gradually eased under the COVID-19 relaxation regulation (COVID-19-Lockerungsverordnung). In view of the rising number of cases, the Minister of Health o...OGH on public liability: No ordinary legal recourse against supporting GmbH in a university course of studies2020-11-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-public-liability-no-ordinary-legal-recourse-against-supporting-gmbh-in-a--c6bf5ac9/The Austrian Supreme Court (Oberster Gerichtshof, OGH) had to judge whether a course of further education (Weiterbildungslehrgang) at a teacher training college (Pädagogische Hochschule, PH) is a fulfillment of sovereign duties and thus the ordinary ...ECJ: Internet tariffs with unlimited data consumption for certain apps violate net neutrality2020-11-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-internet-tariffs-with-unlimited-data-consumption-for-certain-apps-violate-ne-1897745b/For the first time, the European Court of Justice (ECJ) is addressing the question of whether Internet tariffs that do not include data consumption for certain applications in the tariff-agreed volume violate the open nature of the Internet (net neut...OGH on registered shareholders within the meaning of Sec. 5 EKEG2020-11-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-registered-shareholders-within-the-meaning-of-sec-5-ekeg-d3bbb647/According to the Equity Replacement Act (Eigenkapitalersatzgesetz, EKEG), loans granted by a shareholder to a company in crisis are considered equity replacement. If such a loan is repaid before the company is restructured, the payments must be repai...UPDATE: Austria ratifies Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) (entry into force 12 September 2020)2020-11-09T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/update-austria-ratifies-convention-on-the-service-abroad-of-judicial-and-extraju-4d8ad3fa/On September 12, 2020 the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of November 15, 1965 entered into force. Austria had not yet acceded to the Convention, but that has now been made up fo...ECJ on cancelled flights: Airline is not liable for injuries of passengers staying in hotels provided free of charge2020-11-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ecj-on-cancelled-flights-airline-is-not-liable-for-injuries-of-passengers-stayin-8315032c/The ECJ dealt with the question of what kind of obligation an airline has when providing hotel accommodation to guests of cancelled flights. In the present case, the flight of a passenger with reduced mobility (plaintiff) of the airline NIKI was canc...OGH on probate proceedings and the registration of claims in the inheritance by creditors2020-11-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-probate-proceedings-and-the-registration-of-claims-in-the-inheritance-by--47b64a7e/The provisions of Sec. 143 et seq. of the Non-Contentious Proceedings Act (Außerstreitgesetz, AußStrG) govern the probate proceedings. Followed by preliminary proceedings, a death certificate is issued. At this time the widower applied for the author...Proposed Communication Platforms Act, Part 2: Up to EUR 10 million fine for violation of the obligation to remove illegal content2020-11-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/proposed-communication-platforms-act-part-2-up-to-eur-10-million-fine-for-violat-297f0cfe/In addition to the obligations to immediately remove illegal content etc., the draft of the Communication Platforms Act (Kommunikationsplattformen-Gesetz, KoPl-G) also provides for high penalties for violation of the regulations. Fines of up to EUR 1...New COVID-19 Measures Act clarifies powers: Curfew regulations and entry bans possible2020-11-01T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/new-covid-19-measures-act-clarifies-powers-curfew-regulations-and-entry-bans-pos-0531dae3/A revision of the COVID-19 Measures Act has made the powers to deal with the pandemic more concrete and detailed. Included in this revision is the authorization to impose curfews and far-reaching entry bans. In its new version, the COVID-19 Measures ...OGH on the analogous applicability of § 1 (5) BWG and § 51 BörseG to contracts for differences concluded between companies in the area of concealed forward transactions2020-10-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-analogous-applicability-of-1-5-bwg-and-51-boerseg-to-contracts-for-di-e0f1ead9/The defendant refused to disburse the profit from speculative commodity forwards, arguing that these were transactions for differences that had created a (non-enforceable) “natural obligation” under Austrian law. The plaintiff thereupon sought to app...Proposed Communication Platforms Act, Part 1: Internet platforms to be obliged to immediately delete illegal content2020-10-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/proposed-communication-platforms-act-part-1-internet-platforms-to-be-obliged-to--05486522/The draft for a Communication Platforms Act (Kommunikationsplattformen-Gesetz, KoPl-G) is intended to make providers of communication platforms (e.g. Facebook, Instagram, TikTok) more accountable for the removal or blocking of illegal content. The la...BFG: The classification of a "surety" and "guarantee" under civil law - essential differences also in the assessment of legal fees2020-10-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/bfg-the-classification-of-a-surety-and-guarantee-under-civil-law-essential-diffe-429ed971/In a lease agreement concluded between the plaintiff and the leaseholder, a contractual clause was inserted. According to this, a guarantor guarantees the leaseholder that he will be liable for his payment obligations should he fail to meet them desp...ESMA sees high risk of decoupling of the financial market from the underlying economic activity2020-10-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/esma-sees-high-risk-of-decoupling-of-the-financial-market-from-the-underlying-ec-d935d26d/In the course of the publication of the "Trends, Risks and Vulnerabilities (TRV) Report of 2020" the European Securities and Markets Authority (ESMA) commented on the effects of the COVID-19 crisis on the markets. In particular, it underlined the ris...OGH on the prohibited return of capital contributions within a group2020-10-30T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-prohibited-return-of-capital-contributions-within-a-group-6f464157/In its present ruling, the Austrian Supreme Court (Oberster Gerichtshof, OGH) confirmed its case law on the prohibition on the return of capital contributions. The capital maintenance regulations of the Austrian Act on Limited Liability Companies (Gm...OGH on the admissibility of provisions in the corporate balance sheet2020-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-admissibility-of-provisions-in-the-corporate-balance-sheet-6550595e/Recently, the Austrian Supreme Court (Oberster Gerichtshof, OGH) for the first time ruled on the formation of provisions in the annual balance sheet in accordance with the Austrian Commercial Code (Unternehmensgesetzbuch, UGB) for legal costs. In pri...EU Commission extends EU State aid regulations and carries out adjustments2020-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-commission-extends-eu-state-aid-regulations-and-carries-out-adjustments-75e9231f/The European Commission has decided to extend EU State aid regulations, set to expire at the end of 2020, by one to three years and to make adjustments to cushion the impact of COVID-19. The background to these extensions is the aptitude tests carrie...OGH: Only variable personnel costs are “frustrated” costs and eligible for compensation2020-10-20T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-only-variable-personnel-costs-are-frustrated-costs-and-eligible-for-compensa-671fc7f5/The Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question whether frustrated personnel costs are eligible for compensation in addition to loss of earnings. In the present case, an “architecture and engineering contract” exists be...OGH: On the period of assumption within the meaning of Sec. 924 ABGB and the burden of proof in the case of defects that occur after handover2020-10-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-on-the-period-of-assumption-within-the-meaning-of-sec-924-abgb-and-the-burde-9c8b3bd8/In the course of a work contract the defendant was commissioned by the plaintiff to manufacture, deliver and install a surveillance system. The handover took place, but only a few days after this and repeatedly thereafter malfunctions occurred. After...UPDATE: OGH on the problem of interest on remuneration after withdrawal from contract and cases of "substantial" reduction of the claim due to the three-year limitation period2020-10-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/update-ogh-on-the-problem-of-interest-on-remuneration-after-withdrawal-from-cont-470b4b74/In a number of proceedings, the courts have dealt with the withdrawal from insurance contracts due to failure to provide information about the right of withdrawal. In particular, the question of the interest on remuneration to which the policyholder ...Fixed cost subsidy will be extended from September2020-10-16T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/fixed-cost-subsidy-will-be-extended-from-september-59125b4b/In September 2020, the second phase of the fixed cost subsidy will start for companies that suffer COVID-19-related revenue losses. In this context, new guidelines for granting these Phase II subsidies were published. The Fixed Cost Subsidy II (Fixko...Does § 10 (2) of the Leave Entitlement Act conform to Union law?2020-10-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/does-10-2-of-the-leave-entitlement-act-conform-to-union-law-e758064d/The Austrian Supreme Court (OGH) has asked the European Court of Justice (ECJ) for a preliminary ruling on the question of whether § 10 (2) of the Austrian Leave Entitlement Act (Urlaubsgesetz, UrlG) is compatible with Union law. Pursuant to § 10 (1)...Directives on the granting of subsidies to cover fixed costs by the COVID-19 Finanzierungsagentur des Bundes GmbH (COFAG)2020-10-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/directives-on-the-granting-of-subsidies-to-cover-fixed-costs-by-the-covid-19-fin-8010654a/On the 25 May 2020, the regulation of the Federal Minister of Finance pursuant to § 3b (3) of the ABBAG Act (Bundesgesetz über die Einrichtung einer Abbaubeteiligungsaktiengesellschaft des Bundes) concerning guidelines for the granting of subsidies t...Opinion of the ECB on amendments to the Union prudential framework in response to the COVID-19 pandemic2020-10-12T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/opinion-of-the-ecb-on-amendments-to-the-union-prudential-framework-in-response-t-4b747f09/The European Central Bank (ECB) received a request to submit a proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) No 575/2013 (Capital Requirements Regulation) and (EU) 2019/876 (Regulation amending the ...EU sanctions: Commission adopts opinion clarifying the enforcement of financial sanctions2020-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/eu-sanctions-commission-adopts-opinion-clarifying-the-enforcement-of-financial-s-ffa9eec1/In its statement of 19 June 2020, the European Commission specified how existing financial sanctions are to be interpreted and how to proceed, in particular in the case of the freezing of assets. This statement is intended to provide the competent au...COVID-19 Loss Allowance Regulation - COVID-19 reserve should allow for operating losses in 2020 to be taken into account in the 2019 assessment2020-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/covid-19-loss-allowance-regulation-covid-19-reserve-should-allow-for-operating-l-1b7ad4b6/A draft of the Regulation on Loss Allowance 2019 and 2018 (COVID-19-Verlustberücksichtigungsverordnung) Allowance Regulation) was sent out by the Federal Ministry of Finance (Bundesministerium für Finanzen, BMF). The purpose of this regulation is to ...OGH: "Recruitment costs" for retention of employees via a third-party temporary employment agency are inadmissible2020-10-06T00:00:00Zhttps://usancen.lawthek.eu/en/blog/lawthek/ogh-recruitment-costs-for-retention-of-employees-via-a-third-party-temporary-emp-1fb61334/The Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the permissibility of a clause providing for the replacement of "recruitment costs" in a contract for the leasing of temporary workers. The plaintiff leased employees to the defendant....