Sabtu, 10 Agustus 2013

BGH decision: Internet belongs to livelihood

Without Web and e-mail as it gets: The Federal Court has held that internet access in private to livelihood belongs. Now, consumers can claim compensation if the power fails.
Network Cable: Internet is now part of livelihoodTo enlarge
Network Cable: Internet is now part of livelihood
Karlsruhe - Internet users after a landmark ruling by the Bundesgerichtshof (BGH) claim for damages if the connection fails.Access to the Internet is in the private sector is central to the conduct of life, proclaimed the Supreme Court on Thursday .

Therefore, even without proof of actual damage there is a claim for damages, if the use is no more possible. The same applied to the telephone line. To the amount of damages in the present case met the III. Civil division but no decision.Over here, the district court must decide Koblenz in a new trial. Dispose of the customer, however, a mobile phone with Internet access, loss of use is to estimate lower.

Large sums are not to be expected. Is about a car damaged and needs to the workshop, the holder of the tortfeasor for the time loss of use require 40 percent of the car rental price. Even the failure of Internet access must comply, according to the judge, a percentage of the monthly tariff is applied.
Thus Internet and telephone are the Supreme Court, according to the few assets for which there is a failure "impact significantly on the material basis of living" typically. This is a prerequisite for a claim for compensation in the event of the mere possibility of use. Previously it was recognized primarily for the use of motor vehicles and homes - in caravans, motor boats or swimming pools are not.
The occasion is the complaint of a private citizen. Whose provider Freenet, which was later acquired by 1 & 1 had made an error in the conversion rate. As a result, the customer could not use Internet for two months, landline phone and fax. He acquired a cell phone and informed its environment via the new mobile number. Then he asked his provider in addition to the acquisition costs of its damages, because he had had for weeks no internet connection.
The district court and the district court Montabaur Koblenz said the man 457 euros to replace the additional costs. Since he had suffered as a private citizen by the Internet outage no financial loss, he should first get any damages.

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