USANCEN: LegalNews August 2026/02

Aug 13, 2026

Dear Readers!

In this week's issue, we provide an overview of the latest case law from the Austrian Supreme Court (OGH) covering topics such as online marriage and electronic service of process, as well as the refund of deposits.

Also, to what extent is digitalisation being adopted in the legal sector? Two recent OGH rulings highlight current limits:
A marriage concluded via video conference with a US registrar is not recognised in Austria if either party or both parties are physically present in Austria during the ceremony.
Conversely, electronic service is invalid if an out-of-date email address was being used and the recipient had no objective means of becoming aware of the electronic service.

In addition, the OGH has also issued a ruling of practical importance in the field of company law, stating that if a limited liability company (GmbH) covers legal fees in connection with a funding round necessary for its operations, this does not in itself constitute a prohibited repayment of capital contributions simply because the investor also benefits from the services.

This week's newsletter concludes with an OGH ruling on rehabilitation benefits from the statutory social insurance scheme and the necessary eligibility criteria.

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

Yours sincerely,

The Editorial Team

Civil Law

Electronic Notices Sent to Outdated Email Addresses Are Invalid

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently considered the question of whether electronic services pursuant to Sections 28 et seq. of the Austrian Service of Documents Act (Zustellgesetz, hereinafter ZustG) are valid i...

(13. August 2026)

Civil Law

Online Marriages Not Recognised in Austria

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the question of whether a marriage conducted via video conference pursuant to Utah, USA, state law is eligible for recognition in Austria. The primary matter under considerat...

(13. August 2026)

Labour Law

Criteria for the Recognition of Rehabilitation Measures

Austria’s Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with evaluating the circumstances under which claims to rehabilitation measures and related benefits within the statutory social insurance scheme may be granted. The Court foc...

(13. August 2026)

Civil Law

Austrian OGH Rules on Capital Repayment and Solicitors’ Fees

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a limited liability company (GmbH) is permitted to assume the legal fees incurred for counsel retained to draft new articles of association and sha...

(13. August 2026)

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USANCEN: LegalNews August 2026/02

Electronic Notices Sent to Outdated Email Addresses Are Invalid

Online Marriages Not Recognised in Austria

Criteria for the Recognition of Rehabilitation Measures

Austrian OGH Rules on Capital Repayment and Solicitors’ Fees

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