Austrian Supreme Court Decides on the Term "Consumer", also with Respect to Arbitration.

Mondaq Business BriefingNbr. 2011, January 2011

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Austrian Supreme Court Decides on the Term "Consumer", also with Respect to Arbitration.

In recent decisions the Supreme Court has established an economic approach to the qualification of shareholders as consumers or entrepreneurs for the purposes of Section 1 of the Consumer Protection Act. This economic view has now been consolidated by a new Supreme Court decision of June 24 2010 (OGH, docket no 6 Ob 105/10z). Importantly, the economic approach is also determinative for an interpretation of Section 617 of the Code of Civil Procedure, and thus for the term "consumer" as appli...

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