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Objection regarding the lack of due date for payment of the contract price in the event of defects

In his article, Dr. Volker Mogel discusses a ruling by the Austrian Supreme Court (OGH) dated June 24, 2025, in which it was decided that a customer may withhold payment for work even if warranty claims are already time-barred. In the specific case, the plaintiff’s terrace renovation had several defects—a missing emergency overflow, improper foaming of the borehole, and a drain that did not comply with standards. The Supreme Court held that the defendant was entitled to a claim for improvement despite the expiry of the limitation period and was therefore entitled to withhold payment for the work. The claim for payment for the work was therefore dismissed.

Acquisition in good faith breaks monument protection

In her article, Silvija Railic analyzes a ruling by the Austrian Supreme Court (OGH) dated April 2, 2025, which concerned the acquisition of ownership of listed paintings. The plaintiff, the owner of a castle, demanded the return of two paintings that the defendant had purchased in good faith from an antique dealer in 2017. While the lower courts upheld the claim, the Supreme Court ruled that the defendant was entitled to ownership. A contrary decision would have contradicted established case law, according to which even stolen or robbed works of art can be acquired in good faith in a gallery.

No obligation to pay leasing installments in the event of vehicle breakdown

In her article, Melanie Schuster comments on a ruling by the Austrian Supreme Court (OGH) dated April 11, 2025, which clarified that leasing payments are not eligible for reimbursement as “frustrated costs” in the event of loss of use of the vehicle. In the case in question, the plaintiff sought compensation for leasing payments that continued to be paid during repairs. The Supreme Court denied the claim and clarified that damages for loss of use, such as rental costs for a replacement vehicle, loss of earnings, and ongoing costs such as taxes, insurance, or garage costs, are eligible for compensation—but not leasing payments, as these do not fall under frustrated costs due to their purchase price nature.