USANCEN: LegalNews July 2026/01

Jul 2, 2026

Dear Readers!

In this week's newsletter, we have once again put together a selection of the latest developments in civil and commercial law for you.

First, we take a look at an ongoing legislative initiative: The German Federal Government has proposed a bill to amend the Federal Act against Unfair Competition (UWG), with the aim of combating ‘greenwashing’.

We also continue our feature on an Austrian Supreme Court (OGH) ruling concerning clauses in an airline’s General Conditions of Carriage. Building on the first part in the previous newsletter issue, we now examine two further clauses relating to the 'infant fee' and the bearing of taxes, and consider how these should be assessed in light of EU transparency requirements.

In another ruling, the OGH addressed the question of who can be sued as the ‘user’ of general terms and conditions in association proceedings.

The extent to which a flat owner is obliged to carry out building works to restore the flat to a condition corresponding to its registered title was also examined by the OGH.

We hope you find these articles interesting and we would like to hear your thoughts. Please email us at usancen@lawthek.eu.

Kind regards,

The Editorial Team

Competition Law

German UWG Amendment

The German federal government has submitted a bill to amend the Federal Act Against Unfair Competition (Bundesgesetz gegen den unlauteren Wettbewerb, hereinafter UWG), which aims to implement the EU Directive to strengthen consumer rights for ecologi...

(2. Juli 2026)

Civil Law

Review of Terms and Conditions: Airline General Conditions of Carriage (Part 2)

The previous issue of the USANCEN Newsletter featured the first part of a significant Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling concerning an airline’s General Terms and Conditions. This week, USANCEN provides a summary of...

(2. Juli 2026)

Civil Law

Credit Institutions: No Responsibility for Residual Debt Insurance GT&Cs

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider whether a credit institution could be held liable for clauses in the general insurance conditions of a residual debt insurance under section 28 of the Austrian Consume...

(2. Juli 2026)

Civil Law

No Right to Injunction for Deviations from Condominium Records

In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that contractual obligations undertaken by a predecessor to establish certain conditions do not necessarily transfer to subsequent acquirers. As a ...

(2. Juli 2026)

This newsletter is a free voluntary service of Cybly GmbH (hereinafter also referred to as “Cybly”). By publishing the information in this newsletter, Cybly does not provide any legal services, nor is any advisory relationship established between Cybly and the reader. The newsletter is not a substitute for specific legal or other advice in individual cases. For information on specific legal questions, please consult your legal advisor.

Cybly GmbH | Strubergasse 28 / 5. OG | 5020 Salzburg AUSTRIA

USANCEN: LegalNews July 2026/01

German UWG Amendment

Review of Terms and Conditions: Airline General Conditions of Carriage (Part 2)

Credit Institutions: No Responsibility for Residual Debt Insurance GT&Cs

No Right to Injunction for Deviations from Condominium Records

More Services