OGH 2 Ob 16/26f | 19.05.2026

In the case at hand, a statement of defence and a default judgment were served electronically on a business owner. The documents were sent to an e-mail address registered in the official participant directory. However, that e-mail address had since come to be used by another company. The court of first instance revoked the confirmation of the default judgment’s finality and enforceability, holding that the electronic service had not been legally effective.

The Austrian Supreme Court (OGH) upheld this decision. According to the Court, the decisive factor is whether the recipient is actually able to retrieve the electronic notification and has access to the relevant e-mail address. Accordingly, a failure to update the e-mail address in the participant directory does not automatically result in legally effective service.

However, this decision has been criticised in legal literature and is inconsistent with the case law of other Higher Regional Courts. Critics argue that the decision creates a significant potential for abuse in favour of recipients. Regardless of the OGH’s ruling, it is therefore advisable to keep the participant directory up to date at all times and to notify any changes to the electronic address without delay.