In its decision of 31.07.2025 (10 Ob 15/25s), the Supreme Court made a comprehensive reassessment of the applicability of Section 6 para. 2 no. 4 KSchG in deviation from previous supreme court case law. Accordingly, the provision does not apply to continuing obligations (such as tenancy agreements) that are designed so that the service of the contractor (landlord) does not have to be provided in full within two months of the contract being concluded.

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