LEXIKON

With the implementation of the European Directive on Collective Redress, it is now also possible in Austria to consolidate the claims of multiple consumers (at least 50) into a single lawsuit, provided that the “facts of the cases are essentially similar.” In its decision of January 27, 2026 (9 Ob 111/25a, www.ris.bka.gv.at/jus), the Supreme Court addressed this procedural requirement for the first time.

First, the Supreme Court stated that failure to meet this procedural requirement can lead to immediate dismissal by the court on its own motion, even in class action proceedings. Accordingly, the common factual elements underlying the legal relationships at issue must already be set forth in the complaint.

Whether “essentially similar facts” within the meaning of Section 624(1) of the Austrian Code of Civil Procedure (ZPO), which implements the Class Action Directive, actually exist must therefore, in the Supreme Court’s view, be examined as a legal question based on the plaintiff’s specific allegations in the complaint.

In connection with the loan processing fees at issue in the proceedings, the OGH assumed the existence of “essentially similar facts” where there were similar loan agreements or, at the very least, similar clauses concerning the loan processing fee.