- The decision was made by the Administrative Court on September 6, 2023.
- The case number is Ro 2020/15/0018.
- The court refers to the legal principle stated in Ra 2017/13/0059 B on November 22, 2017.
- The legal principle states that “mediation” refers to an activity performed by a third party who is not a party to the mediated contract and whose activity differs from the typical contractual services provided by the parties.
- Mediation is a service provided to a contracting party and is remunerated as an independent intermediary activity.
- The purpose of this activity is to facilitate the conclusion of a contract between two parties without the mediator having a personal interest in the content of the contract.
- However, if one of the contracting parties assigns a subcontractor to perform some of the administrative tasks related to the contract, such as providing information to the other party or processing applications for the mediated contract, the subcontractor is not considered a mediator.
- This is considered an outsourcing of the provider’s activities.
- The European Case Law Identifier for this decision is ECLI:AT:VWGH:2023:RO2020150018.J03.
Source: ris.bka.gv.at
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
