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Part II EU Jurisdictions, 15 Austria

Alexander Schmit, Martin Spitzer

From: Unfair Terms in Banking and Financial Contracts

Edited By: Danny Busch, Matthias Lehmann

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Subject(s):
Banker-customer contract — Capital markets — Financial regulation

This chapter considers unfair terms in financial contracts in Austria. It covers how the General Terms and Conditions (GTC) play a major role in the banking and finance sector, where complex, non-tangible products have to be defined by the contract. Unfair terms in financial contracts have been a significant issue in Austria in recent decades and continue to play a major role in the academic discourse. Moreover, the Austrian Supreme Court has adopted the tough stance taken by the Court of Justice of the European Union (CJEU) against unfair clauses and shows strong reluctance to fill contractual gaps. The chapter also considers the main examples of unfair or intransparent clauses, referencing in particular cases dealing with pension options in insurance law.

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