Mittwoch, 09.03.2011
LG Koblenz, judgment of 09.03.2011 on the liquid gas supply contract and its conditions
from
Dr. jur. Dirk LindloffLawyer
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The law firm Dr. Caspers, Mock & Partner mbB or Lawyer Dr. Lindloff were not involved in the proceedings that led to the judgment that can be accessed below. It is therefore not known whether the judgment is legally binding.
Apart from that, the judgment is nevertheless of considerable interest. It shows that the invalidity of a number of clauses should not lead to the disadvantaged contractual partner being able to do whatever he wants.
A contract for the delivery of liquid gas is not therefore invalid as a whole and immoral within the meaning of § 138 BGB, says the Regional Court of Koblenz, even if cumulatively:
- the price adjustment clause is invalid.
- If, in addition to the ongoing maintenance and repair costs, the customer is also charged the repair costs, which could be ineffective.
- The agreement of a contract term of 10 years would be invalid as a general term and condition.
Rather, the argument that the liquefied gas tank remained the property of the supplier and that the clause prohibiting refilling by third parties was effective prevailed against all this. Even if the agreement on the contract term was invalid, the contract would at least have had to be terminated by the customer. Without this declaration of termination, the contract initially remains in force and the supplier can take action against the customer for omission and disclosure in the event of third-party filling.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.