If tenants have to pay for a broadband cable connection for the entire duration of their tenancy agreement, this does not violate the Telecommunications Act according to the current legal situation. This was recently decided by the Federal Court of Justice (BGH). However, this practice has no longer been permitted since December 1, 2021 anyway. The reason for this is an amendment to the...
The Federal Administrative Court (BVerwG) has partially overturned the right of first refusal for properties in Berlin and thus upheld the complaint of a real estate company. The right of first refusal is normally intended to ensure that houses are not bought up and the tenants move away - for example due to renovation measures that result in higher rents. In the present case...
Do special rights apply to individual solar modules of a ground-mounted photovoltaic system? The Federal Court of Justice (BGH) recently dealt with this question and referred back four higher regional court rulings (V ZR 225/19/V ZR 8/20/V ZR 44/20 and V ZR 69/20). The plaintiff in these proceedings was an insolvency administrator of a company that had purchased a photovoltaic system in 2010. This had previously been...
The sale and installation of a stairlift are contracts for work and services that can be revoked within 14 days. This was decided by the Federal Court of Justice (BGH) following a complaint by a consumer advice center against a distributor of curved stairlifts. In the case in question, the distributor of curved stairlifts had not provided its customers with a statutory right of...
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