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Case Details

Case Details
National ID 2 Ob 59/12h
Member State Austria
Common Name 2 Ob 59/12h
Decision type Supreme court decision
Decision date 30/08/2012
Court Supreme Court
Subject
Plaintiff Verein für Konsumenteninformation (Consumer Information Association)
Defendant Unknown
Keywords contract law, internet, terms and conditions

Unfair Contract Terms Directive, link

Webpages may be regarded as contract forms, even though they include individual contract elements and general information and are updated and changed regularly.
The defendant distributes tickets for concerts and other events through his website.
When purchasing a concert ticket, the customer has to choose the date of the concert, the category and number of tickets. At the end of the process, the total price of the customer's booking is stated. Then, the customer has to fill out his personal and payment details.
In the opinion of the Court, general terms and conditions which are included on websites and their subpages are also subject to the validity and content check pursuant to consumer protection law.
The fact that a website includes individual contract elements as well as general information and is subject to regular changes and updates has no effect on its qualification as a contract form.
Do webpages constitute contract forms in the sense of the provisions of Directive 93/13 (implemented into Austrian law by the Consumer Protection Act and the corresponding provisions of the General Civil Law Act)?
Full Text: Full Text

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Member State Title Author
Austria Scope of the requirement for transparency KELLNER, M.
The court dismissed the appeal.