Case law

  • Case Details
    • National ID: 4 Ob 117/14f
    • Member State: Austria
    • Common Name:4 Ob 117/14f
    • Decision type: Supreme court decision
    • Decision date: 17/07/2014
    • Court: Supreme Court
    • Subject:
    • Plaintiff: Verein für Konsumenteninformation (Consumer Information Association)
    • Defendant: Unknown
    • Keywords: terms and conditions, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, link
  • Headnote
    (1) 'General terms and conditions' are defined as pre-drafted contractual terms for a large variety of contracts which are used to conclude a contract by one of the parties, irrespective whether they are a separate part of the contract or included in the contract itself.
    (2) A 'contractual form' is comparable to general terms and conditions, but it is also given if it only refers to parts of the contract or specific contractual clauses.
    (3) A notice on the change to electronic invoices is considered to be general terms and conditions or at least a contractual form.
  • Facts
    The defendant intended to change their billing arrangements to electronic invoices and therefore sent out notices to customers.
    The plaintiff requested the Court to qualify this notice as general terms and conditions or contractual forms.
  • Legal issue
    The court decided that the notice on the unilateral change of invoice proceedings is indeed comparable to general terms and conditions because a clause about invoices was also included in the defendant's general terms and conditions.
  • Decision

    (1) How is the term 'general terms and conditions' defined?
    (2) How is the term 'contractual forms' defined?
    (3) May a notice on the change to electronic invoices be considered as general terms and conditions and/or a contractual form?


    Full text: Full text

  • Related Cases

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  • Result
    The Court dismissed the appeal.