Case law

  • Case Details
    • National ID: link
    • Member State: Germany
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 09/05/2014
    • Court: District Court Berlin
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: information obligation, terms and conditions
  • Directive Articles
    Consumer Rights Directive, link
  • Headnote
    (1) A vendor must provide the following information:
    • A representative of the vendor
    • Geographical address at which the vendor is located
    • Second communication channel in addition to the email address
    • Public register in which the vendor is registered and the register identification
    for easy, immediate and continuous access.

    (2) It is not sufficient to provide terms & conditions in the English language only. According to German law, terms & conditions must be provided in a manner that consumers can reasonably understand to provide adequate notice.
  • Facts
    The plaintiff is an umbrella organisation, amongst others of the German consumer advice centres. The defendant operates the website www.whatsapp.com and offers a communication program for German consumers. If this website is accessed from Germany, the content is almost entirely in German. The defendant does not provide mandatory information on the website. General terms & conditions are only displayed in English. The defendant did not respond to warnings from the plaintiff of 19 July 2012 and 9 October 2012.

    The plaintiff demands that the defendant comply with its information obligations.
  • Legal issue
    The plaintiff is legally entitled to demand that the defendant must comply with the information obligations.
  • Decision

    (1) Is a vendor obliged to provide data such as
    • A representative
    • Geographical address at which the vendor is located
    • Second communication channel in addition to the email address
    • Public register in which the vendor is registered and the register identification
    for easy, immediate and continuous access?

    (2) Is it sufficient to provide the terms & conditions in English only?

    URL: https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=LG%20Berlin&Datum=09.05.2014&Aktenzeichen=15%20O%2044/13

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The defendant was sentenced to omit the non-compliant behavior.