July 2025

Trust Arrangements under Tyrolean Land Transfer Law – Insights from the Austrian Supreme Court Decision 1 Ob 62/25m

In its ruling 1 Ob 62/25m of 27 May 2025, the Austrian Supreme Court addressed the validity of a Tyrolean land purchase contract that was accompanied by a concealed trust in favour of a Ukrainian third country national. The decision clarifies when a contract stands and when it constitutes an unlawful circumvention of § 12 para 1 lit a TirGVG.

The New Energy Performance of Buildings Directive 2024

With its new energy performance of buildings directive, the European Union is taking a decisive step towards a climate-neutral building stock. The directive on the overall energy performance of buildings, adopted on 24 April 2024, replaces the previous version from 2010 and must be transposed into national law by 24 April 2026.

The Right of First Refusal in Real Estate Law

The right of first refusal is a key legal instrument in real estate contracts, whose significance and complexity are often underestimated. It grants a specific person—the beneficiary—the right to purchase a property under the same conditions offered to a third party. Its purpose is to protect the beneficiary from an unwanted change of ownership and to allow them to "step into" the transaction.