Case law

  • Case Details
    • National ID: 2 Ob 198/01h
    • Member State: Austria
    • Common Name:link
    • Decision type: Other
    • Decision date: 06/09/2001
    • Court: Oberster Gerichtshof (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 1, 1. Consumer Sales and Guarantees Directive, Article 1, 2. Unfair Contract Terms Directive, ANNEX I, 1.
  • Headnote
    1.If, after a contract is agreed between two consumers, a supplier takes over one side of the contract (there is a change of parties), the legal transaction is henceforth subject to the first part of the KSchG in accordance with § 1 KSchG.
    2.§ 6 para 1 line 8 KSchG does not include a general exclusion of compensation payments, but rather only for the specific cases cited in the law. A contractual exclusion of compensation payments, formulated in general terms, which does not explicitly cover the characteristics outlined in § 6 para 1 line 8 KSchG, is invalid within the scope of this provision, though otherwise remains valid, provided that it is lawful.
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