Austrian Supreme Court rules on used car warranty rights

The Supreme Court of Austria has ruled that a safety-relevant defect in a vehicle engine does not automatically justify the cancellation of a sales contract under warranty law.

The case involved a buyer who purchased a used Audi A7 Sportback, which was described by the dealer as being in ‘super condition’. Following an inspection by the ÖAMTC, an oil leak was discovered due to a leaking engine. While the buyer sought to return the vehicle and receive a full refund, the court determined that the defect was repairable.

The ruling follows a request for guidance from the European Court of Justice and carries implications for both used car dealers and consumers regarding the threshold for contract rescission due to mechanical flaws.