USANCEN: LegalNews August 2026/04

Aug 27, 2026

Dear Readers!

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

The Austrian Supreme Court (OGH) was tasked with determining the legal framework surrounding the return of defective second-hand vehicles under the law on guarantees. The central issue was whether the safety implications of a defect alone are sufficient to bypass the primary remedies under warranty law, or whether further circumstances are applicable.

Furthermore, the OGH dealt with problems concerning a sales contract for a telescopic grand stand system as governed by the UN Convention on Contracts for the International Sale of Goods (CISG). The issue to be assessed was whether such a contract could be challenged on the grounds of an error as to the subject-matter under Austrian law in addition to the remedies provided for under the CISG.

Finally, we report on a decision concerning the Austrian Railway and Motor Vehicle Liability Act (EKHG): A vehicle that had been parked correctly had caught fire due to a technical fault, started rolling downhill and damaged another motor vehicle. The OGH was tasked with determining whether the incident in question constituted the specific operational risk associated with the vehicle and identifying the party liable for that risk.

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

Austrian EKHG Liability: Vehicle Rolls Away Due to Spontaneous Combustion

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to assess the liability of a vehicle owner in circumstances where a parked vehicle, left in first gear, ignites, subsequently begins to roll, and causes damage to another...

(27. August 2026)

Civil Law

Contracts Cannot Be Voided under Both National Law and CISG

In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to consider, among other issues, whether a contract subject to the UN Convention on Contracts for the International Sale of Goods (CISG) may be resci...

(27. August 2026)

Civil Law

Safety-related Faults: Not Always Sufficient Grounds for Contract Termination

The question of when a consumer may immediately terminate the contract of sale under the Consumer Guarantees Act (Verbrauchergewährleistungsgesetz, hereinafter VGG) in the case of a defective second-hand car was considered by the Austrian Supreme Cou...

(27. August 2026)

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USANCEN: LegalNews August 2026/04

Austrian EKHG Liability: Vehicle Rolls Away Due to Spontaneous Combustion

Contracts Cannot Be Voided under Both National Law and CISG

Safety-related Faults: Not Always Sufficient Grounds for Contract Termination

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