The Munich District Court now had to decide on a case that is becoming increasingly common.
A telecommunications service provider had concluded a telecommunications service contract with the later defendant for a DSL connection. Later, the defendant moved to a new flat in a new location. At the new location, however, the DSL connection did not work and the provider could not remedy the situation either. Nevertheless, the provider wanted to continue to receive his money for the DSL connection. The defendant then terminated the contract with the telecommunications provider. The provider did not want to accept this.
The Munich Local Court now upheld the defendant and dismissed the provider's claim. The Munich District Court argued that a contractual partner who is unable to perform has no claim to consideration. The defendant's termination was therefore effective and he was therefore not subject to any further payment obligation.
The judgement is final.
Source: Press release of the press spokeswoman of the district court Munich from 09.07.2007
Judgment of the district court Munich of 20.03.2007, AZ.: 271 C 32921/06
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Goldberg Attorneys at Law 2007
Attorney at Law Michael Ullrich, LL.M. (Information Law)
