USANCEN: LegalNews May 2026/ 3

May 21, 2026

Dear Readers!

This week's edition features a range of Supreme Court rulings, including a noteworthy decision by Germany's Federal Court of Justice (BGH) that has implications for certifications in Austria.

The BGH ruled that a digital signature certified in Austria is not automatically sufficient for entry in the German commercial register, even when it is part of an online procedure. Foreign certifications must comply with the requirements of German certification law, and in this case, it was found that they did not.

The Austrian Supreme Court (OGH) has issued a clarification in the field of inheritance law: Beneficiaries of a compulsory portion may demand comprehensive information from a private foundation established (or co-established) by the testator – including details of beneficiaries and distributions.

Two additional rulings relate to property law: The OGH has clarified in the context of condominium law that lift operating costs shall not exclusively be borne in full by the tenant who has been contractually granted sole use – the decisive factor is the objective possibility of use by all tenants.
Also, if, as a seller, you instruct an estate agent who advertises the property to be sold incorrectly, any resulting claims against the agent cannot be covered by legal expenses insurance, since the OGH upheld the exclusion of risk for property transactions.

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

Kind regards,

The Editorial Team

European Law

GER: Setback for Digitalisation –BGH Overturns Austrian Online Certification

The constraints associated with the digitalisation of notarial procedures across Europe remain evident. In its recent decision, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently decided that foreign online certific...

(21. Mai 2026)

Civil Law

Austrian OGH: Lift Operating Costs in Communal Buildings

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was recently tasked with determining the appropriate allocation of operating costs for a lift within a residential block where access was restricted to specific tenants. The case at h...

(21. Mai 2026)

Civil Law

Obligation to Disclose a Private Foundation within an Estate

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of the extent to which a person entitled to a compulsory share may demand information from a private foundation established (or co-established) by the tes...

(21. Mai 2026)

Civil Law

OGH: Estate Agent’s Breach of Care and Information Duties

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently considered whether legal proceedings regarding an alleged violation of the duty of care and the obligation to provide information by an estate agent, relating to the sale of ...

(21. Mai 2026)

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USANCEN: LegalNews May 2026/ 3

GER: Setback for Digitalisation –BGH Overturns Austrian Online Certification

Austrian OGH: Lift Operating Costs in Communal Buildings

Obligation to Disclose a Private Foundation within an Estate

OGH: Estate Agent’s Breach of Care and Information Duties

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