The following scenario is representative of many similar cases in Vienna: An underground garage in a residential building features several parking spaces and more than fifty square meters of usable space. Along the parking spots, either open shelves or lockable steel cabinets are installed. These are used to permanently store tools, sports equipment, children’s toys, or board games – typical household items that are not used daily but should remain easily accessible.
In its recent decision of March 16, 2025 (OGH 5 Ob 219/24b), the Austrian Supreme Court clarified that not every action by individual condominium owners qualifies as a resolution of the homeowners’ association. The key question is whether a collective decision was made or merely a private arrangement took place.
In the history of Austria’s economy, few insolvency cases have caused as much uproar as the insolvency of the SIGNA real estate group. The insolvency of SIGNA Prime Selection AG (“Company”) as a major subsidiary of SIGNA is one of the largest of all time in Austria, especially in terms of the amount of claims filed. Moreover, this case is of great interest as the Company holds numerous highly prestigious properties in Vienna and abroad. It is widely considered the centrepiece of SIGNA, drawing particular attention from media outlets.
In its ruling on July 9, 2024, case number 10 Ob 29/24y, the Supreme Court (OGH) examined the applicability of the Property Developer Contract Act (BTVG) to lease-purchase models for apartments. The key question was whether a paid option contract aimed at acquiring apartment ownership qualifies as a property developer contract under § 2 (1) BTVG.
The decision of the Austrian Supreme Court (OGH) with reference number 4 Ob 182/23b from April 26, 2024, is causing a stir in the real estate broker industry. In this blog post, we will examine the background and the far-reaching consequences of this ruling.
The decision of the Austrian Supreme Court (OGH) with reference number 4 Ob 182/23b from April 26, 2024, is causing a stir in the real estate broker industry. In this blog post, we will examine the background and the far-reaching consequences of this ruling.
The decision of the Vienna Higher Regional Court on the appeal by the Republic of Austria against the confirmation of the restructuring plan of SIGNA Prime Selection AG was eagerly awaited. Now it is here, and today I will analyze the decision for you.
With the planned Amendment of the Landregister 2024, data protection is now making its way into the land register. The European Court of Human Rights ruled on April 6, 2021, that Austria had violated the right to respect for private and family life because the land register failed to balance the right to respect for the complainant's private and family life with the purposes of public access to the land register when publishing a divorce settlement in the document collection. This decision has far-reaching consequences for the publication of documents in the land register.
The recent decision of the German Federal Court of Justice (Bundesgerichtshof) of 15 September 2023 (in case V ZR 77/22) on the pre-contractual duty of sellers to disclose information in real estate transactions is making waves not only in Germany, but also across the border in Austria.
In practice, the economic benefits of a transaction often outweigh the environmental impacts. In doing so, the environmental liability of one of the contracting parties can have a very negative impact on the economic benefits of the transaction.
