USANCEN: Legal News October 2026/1

Oct 1, 2026

Dear Readers!

This week's newsletter once again features a selection of recent judgements and developments in civil, commercial, and environmental law.

In company law, the Austrian Supreme Court (OGH) has ruled on the conditions under which a managing director who is also a shareholder can be dismissed for serious reasons. In the present case, a son had brought legal action seeking the removal of his father. The question was: Is a profound family conflict between shareholders sufficient grounds for such an action?

In insurance law, we report on a ruling concerning building insurance. After a company’s canopy had been destroyed by snow load, the contractor built a more robust canopy, but with a different design. The OGH now had to determine whether there was still a claim for compensation at replacement value despite the altered design of the roof construction.

Furthermore, the Austrian Federal Ministry of Agriculture, Forestry, Climate and Environmental Protection, Regions and Water Management (BMLRT) has submitted a draft amendment to the Environmental Impact Assessment Act (UVP-G) for consultation. The aim is to simplify, speed up, and digitalise EIA procedures.

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

Kind regards,

The Editorial Team

Public Law

EIA Act Amendment: Proposed Changes

The Austrian Federal Ministry of Agriculture and Forestry, Climate and Environmental Protection, Regions and Water Management has submitted a draft amendment to the Austrian Environmental Impact Assessment Act (EIA Act) for public consultation. Simpl...

(1. Oktober 2026)

Civil Law

OGH: Indemnity Despite Changed Roof Structure

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently considered whether replacement value indemnity is payable under a buildings insurance policy when the reinstated structure is constructed differently from the original. Canop...

(1. Oktober 2026)

Civil Law

Ousting Managing Director after Shareholder Dispute

In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered the circumstances in which a shareholder-managing director may be removed by court order for good cause. The case centred on a longstanding family dis...

(1. Oktober 2026)

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USANCEN: Legal News October 2026/1

EIA Act Amendment: Proposed Changes

OGH: Indemnity Despite Changed Roof Structure

Ousting Managing Director after Shareholder Dispute

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