Kreditkarten-AGB auf dem Prüfstand

General terms and conditions of credit card companies coming under judicial scrutiny is hardly unusual; nor is it uncommon for the Austrian Supreme Court (OGH) to pare back such clauses with a steady hand. Precisely for this reason, the decision 5 Ob 191/24k of 25.6.2025 stands out as noteworthy. On this occasion, the Court departed from its usual stance of predominant criticism and instead found itself broadly in favour of the credit card issuer. Six clauses passed review in full, one was upheld in part, and a further business practice was expressly approved; two business practices and three clauses were struck down as unlawful, and an additional clause was deemed impermissible in part. Taken together, the outcome amounts to a significant success for the card issuer in the field of general terms and conditions, further underscored by the successful counterclaim seeking publication of the judgment. The following contribution begins by addressing issues of broader significance - most notably the clause on deemed consent to contractual amendments (1.), which the Austrian Supreme Court has, for the first time, held to be valid. It then turns to matters of practical relevance arising specifically in the context of the credit card business (2.).