Article published in the journal Nachhaltigkeitsrecht (NR).
Nina Mitterdorfer und Wilfried Seist im EHL Apartment Building Market Report 2025 | Wien
23 July 2025
With its decision of June 24, 2025, the Austrian Constitutional Court has given new impetus to the legal debate surrounding value protection clauses. In it, the Constitutional Court confirmed the constitutionality of Section 6 para. 2 no. 4 KSchG. Even if the ruling is making big waves in the media, a differentiated view shows that the Court has not ruled on the validity of specific value protection agreements - but refers to the jurisdiction of the civil courts in the context of association and individual proceedings.
In the current Bau- und Immobilienreport, DSC partner Nina Mitterdorfer analyzes the previous civil court decisions and places the Constitutional Court's ruling in the broader legal context.