On 01.01.2026, the Civil Law Indexation Adjustment Act (ZIAG) entered into force. By amending Section 6 para 2 no 4 of the Austrian Consumer Protection Act, the ZIAG clarified that value adjustment clauses in continuing obligations generally remain permissible. In its decision dated 10.03.2026 (1 Ob 87/25p), the Austrian Supreme Court addressed the question of how the ZIAG affects proceedings already pending before the courts.

In the specific case, former tenants sought repayment of rent from their landlord due to the alleged invalidity of a value adjustment clause. The Austrian Supreme Court dismissed the claim and clarified that the ZIAG also applies to proceedings already pending before the courts.

For practice, this means the following: Claims for repayment based on the previous legal situation regarding Section 6 para 2 no 4 of the Austrian Consumer Protection Act are now significantly more difficult to pursue. Landlords should actively invoke the amended legal situation in any pending proceedings.