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Martin Legath on ECJ and Caixabank - new developments

20 September 2023

In a series of decisions on fitness studio GTC, the Austrian Supreme Court stated its opinion that its case law on the admissibility of credit processing fees should be "re-evaluated in the light of EU law". In the meantime, there is a new ECJ decision that the Austrian Supreme Court has not yet taken into account.

In his article "ECJ and Caixabank - new developments", published in the Österreichische Jurist:innen Zeitung (ÖJZ), published by Manz Verlag, DSC associate Martin Legath explores the question of whether the Austrian Supreme Court will have to change its case law on the admissibility of credit processing fees as a result of the new ECJ decision.

The case law that is now being discussed for change was initiated by the landmark decision 6 Ob 13/16d, in which our firm represented the defendant bank. In this matter, the Austrian Supreme Court largely followed the argumentation of our team led by DSC partner Markus Kellner.

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