USANCEN: Legal News May 2026/4

May 28, 2026

Dear Readers!

In this week's newsletter, we have again compiled a selection of recent rulings from the fields of civil law, tenancy law, and European law.

The Court of Justice of the European Union has provided clarification on the requirements of EU bird protection law in relation to infrastructure projects. The court also examined the conditions under which road construction projects are compatible with the provisions of the EU Birds Directive.

With regard to European air passenger rights, we have provided a summary of a recent decision by the General Court of the European Union regarding the issue of when airlines can invoke extraordinary circumstances in the event of flight delays.

The Austrian Supreme Court (OGH) was tasked with determining the conditions for a potential usurious transaction in the sale of a lakeside property, with a particular focus on the relationship between performance and consideration.

In addition, we provide a report on an OGH decision regarding service charge statements and contractual clauses in shopping centres. This decision focused specifically on the requirements for transparent cost statements and the limits of cost pass-through.

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

Kind regards,

The Editorial Team

Civil Law

OGH Reviews Lakeside Property Purchase Below Market Value

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of the conditions under which a property sale may be set aside as a usurious transaction under Section 879(2)(4) of the Austrian Civil Code (Allgemeines b...

(28. Mai 2026)

European Law

ECJ: Flight Delays Attributed to Passenger Boarding Procedures

The European Court of Justice (ECJ) examined whether an airline may invoke extraordinary circumstances pertaining to a previous flight as the cause of a delay, notwithstanding its independent decision to wait for passengers from that earlier flight. ...

(28. Mai 2026)

Civil Law

OGH on Service Charges and Mall GT&Cs

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter referred to as OGH) was required to adjudicate matters concerning tenancy and contract law associated with a shopping centre. The dispute centred on claims for the settlement of accounts r...

(28. Mai 2026)

European Law

ECJ Clarifies Bird Protection in Road Construction

The European Court of Justice (ECJ) has specified the requirements that a road project must satisfy to guarantee comprehensive protection of avian species. Multiple environmental organisations formally contested the authorisation of a two-lane road p...

(28. Mai 2026)

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USANCEN: Legal News May 2026/4

OGH Reviews Lakeside Property Purchase Below Market Value

ECJ: Flight Delays Attributed to Passenger Boarding Procedures

OGH on Service Charges and Mall GT&Cs

ECJ Clarifies Bird Protection in Road Construction

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