USANCEN: LegalNews August 2026/03

Aug 20, 2026

Dear Readers,

As we do every week, we are reporting on current developments in civil and commercial law and have selected various court decisions on this topic:

The Supreme Court (OGH) had to address the scope of coverage for an “SOS repatriation service” agreed upon in a private health insurance policy. It clarified that the insurer is not merely obligated to cover the costs of repatriation but also assumes medical responsibility for its execution and for the care provided during transport if, under the terms of the policy, it determines the nature and manner of the transport.

Furthermore, the OGH addressed the question of the legal effect of the assignment of a claim for payment from a “large-sum savings account” made for security purposes. In doing so, it first clarified that the handover of the savings book constitutes a sufficient act of public notification for the assignment for security purposes. The assignment for security purposes was therefore valid.

It also addressed whether a comment on someone else’s Facebook post can constitute an independent dissemination of a defamatory and reputation-damaging factual assertion. The decisive factor is whether, from the perspective of an impartial average reader, the commenter recognizably endorses the original accusation.

We hope you find this article interesting and look forward to your feedback at usancen@lawthek.eu.

Best regards,

The Editorial Team

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USANCEN: LegalNews August 2026/03

Liability for Co-Commenting on Facebook

Savings Account Balances no Safeguard against Set-offs

“SOS Repatriation Service” Includes Medical Liability

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