Case law

  • 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
  • Directive Articles
    Unfair Contract Terms Directive, link
  • Headnote
    Webpages may be regarded as contract forms, even though they include individual contract elements and general information and are updated and changed regularly.
  • Facts
    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.
  • Legal issue
    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.
  • Decision

    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)?

    URL: https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Justiz&Dokumentnummer=JJT_20120830_OGH0002_0020OB00059_12H0000_000

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature
    • Member State: Austria
    • Title: Scope of the requirement for transparency
    • Author: KELLNER, M.
    		Austria Scope of the requirement for transparency KELLNER, M.
  • Result
    The court dismissed the appeal.