BGH in Karlsruhe (symbol picture)
Photo: imago images / Nicolaj Zownir
The Federal Court of Justice (BGH) in Karlsruhe has strengthened consumer rights when a contract is revoked.
In the dispute between a customer and a dating agency, he decided in favor of the plaintiff, as the court announced.
The applicant comes from North Rhine-Westphalia and in May 2018 had signed a contract with "Glück für Zwei" from Koblenz.
The contract was supposed to run for one year and 21 partner proposals were guaranteed.
According to the BGH, the woman paid a fee of 8,330 euros the day after the contract was signed, and three contacts were suggested to her on the same day.
These did not agree with her, however, and the plaintiff resigned after a week.
The agency asserted that even if the plaintiff had not yet received all the contacts, the partner depot had already been put together with 21 candidates.
Therefore, the service was provided in full.
The regional court dismissed the action for repayment of the fee.
The higher regional court, however, ruled that the woman should get the money back.
However, not the full amount, as the applicant had already received three of the 21 agreed contacts.
Ineffective general terms and conditions clause
The BGH has now rejected the agency's appeal.
The company's general terms and conditions stipulated that the main service was to put together the proposals.
The BGH declared this provision to be ineffective.
In essence, the court argues that it is important that the customer actually receives the agreed proposals so that the service is fulfilled.
Since this was not the case, the BGH is of the opinion that the revocation is effective because the service had not yet been fully performed.
The plaintiff can claim back the majority of the sum, i.e. 7139 euros.
jpz / dpa / AFP