Dual-Use Contracts

Abstract

Dual-use contracts are contracts concluded in part for private and in part for business purposes. The question under what conditions dual-use contracts qualify as consumer contracts has been a matter of debate among Austrian scholars for some time, in particular since the decision of the Austrian Supreme Court OGH 7 Ob 94/14w of 2015. Using a consumer sales contract as an exemplary case, this article examines the proper qualification of dual-use contracts. It focuses on the autonomous interpretation of the Consumer Sales Directive, taking into account the interplay between this Directive and the Consumer Rights Directive. The focus of this article thus lies on the interpretation of Austrian law in light of the Consumer Sales Directive. In this context, the contribution also considers Sec. 344 of the Austrian Commercial Code, according to which, in doubtful situations, a transaction must be qualified as a business transaction.