ECJ confirms: Mobile phone contract for maximum 24 months

The maximum duration of mobile phone contracts with consumers is 24 months, even if it is an initial contract expansion. This decision of the European Court of Justice (ECJ) means defeat for Vodafone Germany and a victory for consumer protection. The legal dispute pending over the years has already moved back to the Federal Court of Justice and the Daseldorf District Court.

The reason for the process is the test to tie German consumers for more than 24 months. In one case, an existing customer wanted a new, subsidized cell phone before the original 24 months and agreed in the “new contract” at high cost in 2018. The consumer also signed a section, according to which “the first day after the minimum contract period of the first contract, a new minimum contract of 24 months begins”. However, it meant more than 24 months from the time of signature.

In a similar case of 2018, in a similar case, a German consumer signed a document called ‘Contract Extension’, two months before the end of 24 months of the original contract, which set a 26 -month contract period. They again accepted high moving costs and obtained a new cell phone. The practice took a suit from the Berlin Consumer Center in 2018, in 2018.

“Early minimum contract word”

Then valid version of Universal City Guideline Set a maximum of 24 months “initial minimum contract word”. It has handled the Bundestag in the German Telecommunications Act. Vodafone noticed that mutual contractual extension with existing customers did not come under the word “initially”; This provision only refers to already, ie “initially” the contract ended with a consumer, not to follow the contracts. Perhaps Vodafone had handed over an Italian lawyer with the preparation of contracts.

Vodafone’s argument was heard in the Daseldorf Regional Court (LG), but the court judged the network operator for other reasons. Both sides were called, and the High Regional Court allowed Vodafone to interpret. The Federal Court of Justice, then tried, sent the case back to the court first for the purpose of lack of facts. Finally, the case was in the highest regional court (OLG) for the second time, with two possible interpretations of the term “early minimum contract word”: either referring to the first contracts between customers and providers, or also for any and any other minimal contract.

OLG directed to take an initial decision for ECJ, which has now decided in the sense of competition and consumer protection. (AZ. C-612/23). The court clarifiesIn (universal city guidelines), the word “initial minimum contract word” refers to the period of the latter contract between the same parties with a period of the first contract between a consumer and a provider of electronic communication services, so that this follow -up contract may not contain a minimum contract of more than 24 months, even if this initial contract has been completed and applied. “

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Italian is different

Initially, ECJ used various language versions of the guidelines. Judges found that the provision of Spanish, German, Greek, English and French language acquisition made it clear that “adjective ‘initial’, which is used in women’s form, should not mention ‘contract’ or ‘(v) yield’, but for ‘minimum contract word’.” The deadline for a maximum of 24 months will therefore apply to both the initial contract and any contract contracts. However, other language versions such as Italian and Portuguese can be explained that only the first contract was recorded. However, the reasons for the guidelines and its goal recurrence made it clear that consumers should make it easier to change the providers to enjoy “the benefits of competition” to enjoy the benefits of the competition.

Incidentally, the current version of the Universal City Guidelines (instructions 2002/22/EC) is no longer related to the subject of contract period, it is in the code for electronic communication ((((Instructions (EU) 2018/1972) Went away. There is a clear term that the telecom contract with consumers “does not include a minimum contract word that is more than 24 months.” Its boycott is machine-machine communication (M2M).

German Telecom Act was already spoken Back to paragraph in 43B From “the initial minimum duration of a contract”, not from the minimum period of the initial contract. Anxiety today Article 56 TKG “Early word of a contract”. The Act now goes back to the Dasseldorf Higher Regional Court, which will decide for the Consumer Center of Berlin Consumers and Vodafone in all possibilities. It is expected that subsidized cell phones have been recycled for a long time in 2018.

(DS)