BGH ruling sends shockwaves through the industry: Fiber optic contracts may no longer be artificially extended

Ordered fiber optics—and then stuck in a contract for months?

The expansion of fiber optics in Germany is progressing slowly—and many who opt for super-fast Internet connections are in for a rude awakening: they sign the contract, but the line is not activated until months later. Nevertheless, according to the provider, the minimum term only begins when the line is activated. This means that anyone who signs up today will end up stuck in a three-year contract, even though they only wanted two.

But that is now a thing of the past. In a landmark ruling, the Federal Court of Justice (BGH) has overturned a popular contract clause that was intended to allow precisely this practice. From now on, the minimum term begins when the contract is concluded—not at some point after the fiber optic cable has been installed.

Suppliers may not pass on their construction delays to customers.

The decision stems from a lawsuit filed by the North Rhine-Westphalia Consumer Advice Center against Deutsche GigaNetz GmbH. The latter had GTC in its GTC that the contract only really "began" on the day of activation. The idea was that as long as you didn't have a network, there was no minimum term – but you were still bound by the contract.

The Federal Court of Justice has now clearly stated that this is not acceptable. The Telecommunications Act (TKG) may contain specific provisions, but it does not supersede general principles of civil law. And that includes the principle that a contract is a contract—and its term begins when it is signed, not at some point later. Period.

Those who have already signed can rejoice

For customers, the ruling means a significant strengthening of their rights. Anyone who signed a 24-month contract in January but whose connection was not activated until April can still cancel in January of the following year. The period until activation does not count as extra time, even if providers have previously taken a different view.

The North Rhine-Westphalia Consumer Advice Center advises: Anyone who already has fiber optic contracts with GigaNetz or other providers and whose cancellation date has been rejected should follow up again now. There is even a free sample letter available on the Consumer Advice Center's website.

Comment: Fiber optics, yes—but please, no contract traps

The country needs fast internet—but not at any price. Anyone who orders a fiber optic connection today is investing trust, time, and usually money as well. The fact that providers then cobble together clauses that extend the contract term simply because the expansion is taking time is customer-unfriendly and legally questionable. Fortunately, the Federal Court of Justice has made it clear: contracts are valid from the moment they are signed, not from some point in the future.

Fiber optics are the future—but anyone who behaves like this has no place in it.

Source: t-online.de