Dear Readers!
In this week's newsletter issue, we present recent Austrian Supreme Court rulings, which cover trade union law, legal procedure, and general legal matters.
In the field of cross-border healthcare, the OGH considering which country's laws apply to medical services provided by foreign healthcare providers. Following a preliminary ruling by the European Court of Justice, it was established that telemedicine services are, in principle, governed by the legal provisions of the Member State in which the service provider is established. However, the law of the country where the treatment takes place always applies where the specified treatment services are physically provided.
Another ruling concerns the right to arbitration. The OGH has clarified that the mere fact that an arbitrator is a subsidiary of a named company cannot form the basis of a judicial review application. Nevertheless, the applicant is entitled to a refund, which may be borne by the other party in accordance with the law. In autumn, the applicant was ordered to reimburse the costs of the proceedings.
This issue also examines a recent OGH ruling on the review of clauses in an airline’s general conditions of carriage.
The case in question was a class action brought by the Austrian Consumer Association against a European airline's General Conditions of Carriage. The Austrian OGH had to determine whether the individual provisions complied with Austrian consumer protection law requirements.
The first part of our analysis focuses on a clause relating to the charging of a booking fee. The OGH ruled that consumers must be able to clearly identify from a contractual clause when a fee is payable, and under what conditions a refund will be granted.
Finally, the OGH addressed the issue of the partial invalidity of a valuation guarantee clause in a site agreement. The Court has clarified that the invalidity of parts of the clause does not automatically render the entire valuation agreement invalid. Instead, the valid parts of the valuation guarantee agreement remain in force whilst the invalid provisions are superseded by the relevant statutory provisions under local law.
We hope you will find these articles interesting and look forward to receiving your comments at usancen@lawthek.eu.
Kind regards,
The Editorial Team |
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https://usancen.lawthek.eu/en/newsletter/2026-06-25/
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