The prohibition of a fictitious service is not limited to declarations of intent, it also concerns important legal notifications made by the entrepreneur to the consumer which may have adverse consequences for the consumer (e.g. reminder, termination, invoice).
Notifications about changes regarding the general terms, services or fees are important legal notifications.
The Court decided that a clause prohibiting consumers to write down their personal PIN code is void in the sense of Article 3.1. and 4.2. Directive 93/13 (implemented into Austrian law by § 879 Sec 3 General Civil Law Act), because a general prohibition to write down a PIN code is not reasonable.
In the opinion of the Court, this clause is violating Annex I 1.f. and 1. g. Directive 93/13 (implemented into Austrian law by § 6 Sec 2 Cif 1 Consumer Protection Act) regarding contract terminations by the entrepreneur without apparent objective reasons. Such clause may be admissible if the defendant would not only take the change of the credit-worthiness into account but the risk of non-fulfilment of the consumer's debts