The verdict by the Austrian Supreme Court concerning the Lyoness General T&Cs was already reaffirmed during the first proceedings!

The Austrian Supreme Court’s verdict of 18 May 2017 was already reconsidered during the first proceedings.

Among other decisions, the Commercial Court in Vienna stated the following:

Ultimately, the claim is legitimate notwithstanding the negation of the plaintiff’s status as a consumer. The clauses 13.2 and 13.3 of the General T&Cs, as well as the clauses 8.3 and 8.4 of the Supplementary T&Cs are null and void, separately, as well as in combination, because they limit the customer’s right to a refund of their “down payments/instalments” based on no factual grounds and on reasons which are largely at the discretion of the defendant. Thus, the cancellation conditions are deemed to be not only opaque according to § 6(3) KSchG (10 Ob 45/16i), but also grossly prejudicial.

Even if the point raised by Lyoness that the conditions refer solely to entrepreneurs was accurate, the General T&Cs would nevertheless be null and void due to the violation of § 879(3) ABGB.