LEXIKON

In its ruling of April 11, 2025, on 4 Ob 50/25v (www.ris.bka.gv.at/jus), the Austrian Supreme Court 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 was temporarily unable to use his vehicle as a result of a faulty repair by the defendant and therefore sought reimbursement of the leasing fees paid during this period. The Supreme Court rejected the plaintiff’s claim. According to the Supreme Court, the plaintiff could claim damages for loss of use itself—such as rental costs for a replacement vehicle or loss of earnings—in addition to the actual damage (the repair costs), but not the leasing payments he had made. According to the Supreme Court, reimbursable costs also include taxes, insurance premiums, and garage costs. In the case of the finance lease in question, however, the leasing costs do not fall under the category of frustrated costs due to their purchase price nature and therefore cannot be claimed.