USANCEN: LegalNews July 2026/05

Jul 30, 2026

Dear Readers!

This week's newsletter on civil and commercial law features the following rulings:

We continue our series of articles on the Austrian Supreme Court's latest ruling concerning clauses in an airline's General Conditions of Carriage. In this issue we examine specific clauses under which the airline was charging unspecified fees for transferring or rebooking flights.

Additionally, the OGH has provided guidance on how to proceed when electronic service of court documents fails to reach their intended recipients due to the recipients no longer having access to their email inbox. The lower courts held differing views on whether service is valid in such cases.

In a medical law case before the Austrian OGH, the Republic's liability for a broken intrauterine device (IUD) had to be clarified. The claimant had become pregnant unintentionally because the IUD had broken. The decision was based on whether the relevant market oversight body had information about the circumstances under which a certain batch of IUDs might have been faulty at the time in question.

Meanwhile, in Germany, a heated dispute (pun intended) in property law was heard before the Federal Court of Justice (BGH), with the issue at stake being when flat owners are permitted to install an air-conditioning unit against the wishes of the respective owners' association.

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

Kind regards,

The Editorial Team

Civil Law

Federal Court of Justice Backs Flat Owners’ Right to Air Conditioning

Air-conditioning systems are increasingly transitioning from luxury items to essential amenities in residential flats. However, challenges may arise if a flat owners’ association denies permission for their installation. In a significant ruling, the ...

(30. Juli 2026)

Civil Law

Liability of the Republic of Austria for Breakage of Contraceptive IUD

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently examined the question of whether the federal government is liable under the principle of state liability in the event of an unwanted pregnancy resulting from a contraceptive ...

(30. Juli 2026)

Civil Law

Review of Clauses: Airline GCCs (Part 6)

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 is fo...

(30. Juli 2026)

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USANCEN: LegalNews July 2026/05

Federal Court of Justice Backs Flat Owners’ Right to Air Conditioning

Liability of the Republic of Austria for Breakage of Contraceptive IUD

Review of Clauses: Airline GCCs (Part 6)

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