USANCEN: LegalNews September 2026/04

Sept 24, 2026

Dear Readers!

This week's newsletter once again features a selection of recent rulings in civil and commercial law.

In probate proceedings, the Austrian Supreme Court (OGH) had to consider a declaration of acceptance of an inheritance in which a relative in the second degree of kinship relied on a purely biological relationship to the deceased. The issue to be clarified was how such a declaration should be dealt with under the Austrian Non-Contentious Proceedings Act.

In the context of road traffic law, the OGH considered a collision between a cyclist and a car turning into the road. The cyclist had been riding along a path that was marked neither as a cycle path nor as a footpath. Also, there was no cycle crossing. So the question was: How far does the effect of the ‘give way’ traffic sign extend?

The European Court of Justice (ECJ), for its part, had to rule on the jurisdiction for an action for damages relating to lost luggage. In the case at hand, a traveller had purchased her ticket from home via an online platform and brought the claim before the court in her place of residence. Whether an online booking could establish jurisdiction at the passenger’s place of residence had to be assessed on the basis of the Montreal Convention.

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

Kind regards,

The Editorial Team

Civil Law

No Cycle Path: Yielding at Junctions

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to consider whether cyclists riding their bike along an unmarked path enjoy priority over a motor car turning into a road when crossing a junction. Collision at a junct...

(24. September 2026)

European Law

CJEU: Jurisdiction in Cases Concerning Lost Air-Passenger Luggage

The Court of Justice of the European Union (CJEU) has addressed the question of which court is competent to determine claims in damages where an airline ticket has been purchased online. The reference for a preliminary ruling arose in the context of ...

(24. September 2026)

Civil Law

OGH on the Validity of Inheritance Acceptance Declarations

In the present decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that declarations of acceptance of inheritance which are legally inconclusive must be dismissed under the legal regime of the Non-Conte...

(24. September 2026)

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USANCEN: LegalNews September 2026/04

No Cycle Path: Yielding at Junctions

CJEU: Jurisdiction in Cases Concerning Lost Air-Passenger Luggage

OGH on the Validity of Inheritance Acceptance Declarations

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