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In the current issue of the Austrian Law Journal (ÖJZ), Markus Kellner and Fabian Liebel discuss the admissibility of "service fees" in telecommunications law.
The article was prompted by the recent case law of the Austrian Supreme Court (OGH) on the agreement of "service fees" in general terms and conditions of gyms. According to § 879 (3) ABGB, these were found to be invalid. At the same time, the OGH also described its established case law on the permissibility of credit processing fees as in need of review. The two authors question whether a change in case law practice could also have implications for flat-rate service fees in telecommunications law.
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