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Case Details

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

Consumer Sales and Guarantees Directive, Article 1, 1. Consumer Sales and Guarantees Directive, Article 1, 2. Unfair Contract Terms Directive, ANNEX I, 1.

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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