USANCEN: LegalNews July 2026/02

Jul 9, 2026

Dear Readers!

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

In consumer law, the Austrian Supreme Court (Oberster Gerichtshof, OGH) is continuing its review of an airline’s General Conditions of Carriage (GCC). This third instalment focuses on the clauses governing airport check-in fees and boarding pass format requirements, as well as the question of whether such provisions stand up to a clause-by-clause review.

The OGH also dealt with a bank guarantee issued as security under Section 1170b of the Austrian General Civil Code (ABGB). The issue to be clarified was whether raising objections regarding defects in the work performed is sufficient to prevent the guarantee from being issued by way of an interim injunction.

In land register law, the OGH assessed whether the financially sensitive content of a cooperation agreement stored in the register of deeds could be exempt from public inspection. The decisive factor was the interpretation of Section 6b of the Austrian Land Register Conversion Act (GUG) and its relationship to the principle of public access to the land register.

Finally, we report on a ruling concerning the right of residence. The OGH had to determine whether a private sales agreement between previous and subsequent tenants regarding the contents of a terraced house is valid or falls under the prohibition on transfer of rights in Section 27(1)(1) of the Austrian Tenancy Act (MRG).

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

Kind regards,

The Editorial Team

Civil Law

Private Sales Agreement for the Contents of a Terraced House

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) issued a decision regarding the validity of a private sale agreement entered into by the former and current tenants concerning the furnishings of a terraced house. The claimant in the...

(9. Juli 2026)

Civil Law

OGH Affirms Bank Guarantee Enforceability

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of the conditions under which the enforcement of a bank guarantee issued as security pursuant to Section 1170b of the Austrian General Civil Code (Allgeme...

(9. Juli 2026)

Civil Law

Review of Clauses: Airline GCCs (Part 3)

The 25 June 2026 edition of the USANCEN newsletter featured the initial segment of a pertinent Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, US...

(9. Juli 2026)

Civil Law

Unrestricted Access to Company Data in Land Register

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a public-law entity is permitted to restrict access to certain sections of a cooperation agreement maintained within the land register’s document c...

(9. Juli 2026)

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USANCEN: LegalNews July 2026/02

Private Sales Agreement for the Contents of a Terraced House

OGH Affirms Bank Guarantee Enforceability

Review of Clauses: Airline GCCs (Part 3)

Unrestricted Access to Company Data in Land Register

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