USANCEN: LegalNews July 2026/03

Jul 16, 2026

Dear Readers!

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

The Austrian Supreme Court (OGH) had to determine whether a tenant who is required to tolerate building works can demand an increase in the compensation amounts payable under Section 8(3) of the AustrianTenancy Act (MRG) on the grounds of the loss of value of those amounts due to inflation.

In the fourth part of our series on reviewing the clauses of an airline’s General Conditions of Carriage (GCC), we have turned our attention to two other clauses and examined the transparency of a rule on seat reservations for adults travelling with children, and whether a fee for reissuing a boarding pass is valid.

Furthermore, the OGH examined the question of the conditions under which a railway operator may unilaterally amend the terms of use for a non-public level crossing. The legal focus was on the tension between the rights of a person authorised to use the crossing and the safety interests of the railway operator.

Finally, the OGH had to determine whether a mutual prior-consent clause regarding short-term lettings, as agreed in the condominium ownership agreement, loses its validity as a result of the new public-law authorisation requirements under the Vienna Building Regulations (WrBauO).

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

Review of Clauses: Airline GCCs (Part 4)

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

(16. Juli 2026)

Civil Law

Austrian OGH: Level Crossing Terms Update

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with establishing the criteria under which a railway operator is permitted to unilaterally modify the terms of use for a private level crossing. The matter addressed the ba...

(16. Juli 2026)

Civil Law

Austrian OGH: Prior Authorisation for Short-Term Letting Remains Effective

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a mutually agreed contractual requirement for prior consent regarding short-term letting remains valid and is not rendered void by the introduction of new public-la...

(16. Juli 2026)

Civil Law

Austrian OGH: Is Inflation a Valid Reason for Compensation Adjustment?

In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with evaluating whether the depreciation of compensation payments caused by inflation, resulting from impairments pursuant to Section 8(3) of the Austr...

(16. Juli 2026)

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USANCEN: LegalNews July 2026/03

Review of Clauses: Airline GCCs (Part 4)

Austrian OGH: Level Crossing Terms Update

Austrian OGH: Prior Authorisation for Short-Term Letting Remains Effective

Austrian OGH: Is Inflation a Valid Reason for Compensation Adjustment?

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