USANCEN: LegalNews April 2026/ 5

Apr 30, 2026

Dear Readers!

This edition of our weekly update on civil and commercial law covers the following topics:

In this issue, the Supreme Court (OGH) addressed the scope of the Federal Competition Authority’s powers during searches of premises. The decision provides greater clarity on how far these powers of intervention extend in practice.

In insurance law, the focus was on the statute of limitations for a claim for coverage against legal expenses insurance . The OGH clarified when such claims must be asserted.

A separate decision concerned inheritance law: The OGH addressed the question of whether claims to a compulsory share can exist despite an originally declared renunciation of inheritance. It became clear that the legal effects of a waiver must be assessed on a case-by-case basis.

Finally, the Supreme Court addressed international jurisdiction in cases involving claims for information under the E-Commerce Act. The focus was on the country-of-origin principle and its practical application.

We hope you find the articles interesting and look forward to receiving your feedback at usancen@lawthek.eu.

Kind regards,

The Editorial Team

Data Privacy Law

Austrian OGH: Applying Country-of-Origin Rules to Access User Data

The Austrian Supreme Court (Oberster Gerichtshof, OGH) recently examined the question of whether an Irish platform operator could be compelled to disclose information regarding a user who had disseminated personal data during a social media backlash....

(30. April 2026)

Civil Law

Assertion of Compulsory Share Following Inheritance Waiver

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with deciding if a waiver of inheritance and compulsory share could be revoked without the consent of the beneficiary wife, and how this would affect claims to a compulsory...

(30. April 2026)

Civil Law

OGH on Limitation in Legal Expenses Insurance

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided guidance regarding the conditions under which a policyholder’s claim for coverage from their legal expenses insurer may be rendered time barred. The claimant in the case...

(30. April 2026)

Competition Law

OGH Backs Competition Authority Search Powers

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently affirmed that the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) holds extensive powers when conducting searches under Section 12 of the Austrian ...

(30. April 2026)

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USANCEN: LegalNews April 2026/ 5

Austrian OGH: Applying Country-of-Origin Rules to Access User Data

Assertion of Compulsory Share Following Inheritance Waiver

OGH on Limitation in Legal Expenses Insurance

OGH Backs Competition Authority Search Powers

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