USANCEN: LegalNews September 2026/02

Sept 10, 2026

Dear Readers,

This week's newsletter issue looks at three recent rulings by the Austrian Supreme Court (OGH) on topics ranging from data protection and road traffic law to inheritance law

First, we took look at a decision concerning data protection. The OGH explained that information about people's addresses that is collected for marketing purposes cannot be used for credit checks as well, as a credit check's identity verification is already included in the scoring process. This means that using this data for additional purposes would go against the data protection principle of purpose limitation. Individuals may seek an injunction in such cases.

In road traffic law, we are reporting on a ruling relevant to the growing number of e-scooter riders. The OGH has strengthened their protection, clarifying that the prohibition on endangering or obstructing others under Section 8(4)(1) of the Austrian Road Traffic Regulations (StVO) also applies when e-scooter riders are lawfully using a cycle path. There is no general duty to yield.

In inheritance law, the OGH has clarified the conditions for 'relative' unworthiness to inherit. In the case at hand, a father had been convicted several times for breaching his maintenance obligation towards his son. The son was aware of this and knew that he could write a will. However, he was unaware that, in the absence of a will, his parents would inherit by operation of law. After the son's death, the question of whether the father was worthy of inheriting was raised.

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

Kind regards,

The Editorial Team

Civil Law

Austrian OGH: Marketing Data Not Permitted for Credit Assessments

In the decision at issue, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required, among other issues, to consider whether personal address data originally collected for the purposes of an address-publishing and direct-marketi...

(10. September 2026)

Civil Law

Mistake of Law Does Not Establish Unworthiness to Inherit

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently addressed the circumstances under which a person may be excluded from succession on the grounds of unworthiness to inherit. The case focused on the interpretation of Section ...

(10. September 2026)

Civil Law

OGH Strengthens Protection of E-Scooter Riders

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the issue of liability arising from a collision between a passenger vehicle and an e-scooter on a shared pedestrian and bicycle path. The plaintiff was travelling at approxim...

(10. September 2026)

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USANCEN: LegalNews September 2026/02

Austrian OGH: Marketing Data Not Permitted for Credit Assessments

Mistake of Law Does Not Establish Unworthiness to Inherit

OGH Strengthens Protection of E-Scooter Riders

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