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Dear Readers!
This issue focuses on recent case law from the Austrian Supreme Court (OGH).
Firstly, regarding company law, the OGH has ruled that a GmbH & Co KG cannot be removed from the commercial register solely on the grounds of insolvency or cessation of business operations. The dissolution of the company must necessarily precede the striking-off. The OGH expressly rejected the application of analogous ex officio deletion applicable to corporations under Section 40 of the Austrian Commercial Register Act.
In the realm of managing directors' liability, the OGH ruled that the belated submission of an insolvency petition does not inherently result in liability for all consequential expenses. If a creditor asserts a claim in court that was unenforceable from the outset due to its classification as an equity-replacing loan, they bear the resulting legal costs themselves, even if the managing director has breached their duty to file for insolvency under Section 69 of the Austrian Insolvency Act.
Furthermore, the OGH addressed tenancy law, ruling that if a landlord fails to fulfil their obligation to carry out maintenance work despite a court order, the only possible means of enforcement is compulsory administration of the property.
At last, we wrap up our collection of articles on the OGH's latest ruling on standard banking terms and conditions with Part 4 (here on reminder fees and charges for cancellation receipts).
We hope you find the articles interesting and look forward to receiving your feedback at usancen@lawthek.eu.
Kind regards,
The Editorial Team |
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| The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has affirmed that directives concerning maintenance and enhancement works are required to be issued via compulsory administration. Non-compliance with maintenance obligations leads to... (23. April 2026) |
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| The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered if a managing director should be responsible for the legal and court costs that an indirect shareholder faced while trying to enforce a loan because of a late insolvency fi... (23. April 2026) |
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| On April 2, 2026, the USANCEN newsletter published the first section of an Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling concerning the applicability of certain clauses to professional practice. This week, USANCEN will examine... (23. April 2026) |
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| The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a limited partner may be required to consent to the removal of a GmbH & Co. KG (Gesellschaft mit beschränkter Haftung & Compagnie Kommanditgesellsc... (23. April 2026) |
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| The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that the time period for filing an appeal commences with the public announcement of a decision in the edict register. Issues pertaining to personal notification do not ... (16. April 2026) |
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| In the context of a labour law dispute, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently upheld the validity of repayment agreements for pre-financed training. The claimant in the case at hand had requested EUR 56,666.5... (16. April 2026) |
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| The 2 April 2026 issue of the USANCEN Newsletter featured the initial segment of a clause decision from the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). In this edition, USANCEN will examine the subsequent two clauses. Clause 3: "A... (16. April 2026) |
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| The Austrian Supreme Court (Oberster Gerichtshof, OGH) determined that an intra-group short-term deposit of EUR 46 million may constitute a prohibited repayment of deposits if the arrangement does not adhere to arm’s length standards and is primarily... (16. April 2026) |
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| This newsletter is a free voluntary service of Cybly GmbH (hereinafter also referred to as “Cybly”). By publishing the information in this newsletter, Cybly does not provide any legal services, nor is any advisory relationship established between Cybly and the reader. The newsletter is not a substitute for specific legal or other advice in individual cases. For information on specific legal questions, please consult your legal advisor. |
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| Cybly GmbH | Strubergasse 28 / 5. OG | 5020 Salzburg AUSTRIA |
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