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Author: Georg E. Kodek

VII. Case law

A. Table






Austrian Supreme Court, 27 February 2013, 6 Ob 224/12b

Procedural law,
Civil law

Litigation finance, pactum de quota litis, contingency fee


Austrian Supreme Court 12 July 2005, 4 Ob 116/05w,
published ecolex 2005,766 (Klauser) = ÖBA 2005,802 (Madl) = RdW 2005,695 = JBl 2006,48 = JAP 2006/2007/8 S 50 - JAP 2006/2007,50

Procedural law

Joinder, certification.
Austrian group action

B. Summaries

1. Austrian Supreme Court, 27 February 20136 Ob 224/12b

Keywords: Litigation finance, pactum de quota litis, contingency fee

The Austrian Supreme Court held that a defendant did not have standing to dispute a contingency fee arrangement between a claimant and a litigation finance company. Rather, the prohibition of the pactum de quota litis in § 879 Abs 2 Z 2 Austrian Civil Code was only intended to protect the client, not his adversary.

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2. Austrian Supreme Court, 12 July 20054 Ob 116/05w

Keywords: Joinder, certification, Austrian group action

The case concerned a group action on behalf of 684 consumers claiming that the bank had charged excessively high interest rates. Despite objections made by the defendant, the trial and appellate courts allowed all claims in one action. The Supreme Court affirmed, holding that no appeal lies against decisions of this kind. Furthermore, raising several claims in one action was permissible provided the claims were based on substantially the same cause of action and concerned substantially similar questions of law and fact.

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