Blog

Aug 04
AG Köln Urteil

GbR WG | Termination of the tenancy agreement by a flatmate

GbR WG - termination of the rental agreement by a WG member In its decision of 22.02.2021 - case no. 7 O 196/18 - the Regional Court of Cologne ruled on a lawsuit regarding the termination of the tenancy agreement by two flatmates. The defendant flatmate refused to agree to…
Oct 25
May 11
AG Köln Urteil

Burden of Presentation and Proof for Overlapping Pre-existing Damage

The Cologne District Court has addressed the issue of overlapping, intersecting pre-existing damage to a car and the associated burden of presentation and proof in a court ruling. Facts of the Case Regarding Overlapping Pre-existing Damage: The plaintiff is the lessee of a VW vehicle. The defendant 1) is the…
Sep 29
AG Köln Urteil

Extraordinary Termination During Corona, Fitness Studio Contract

Judgment on the Topic of Extraordinary Termination During Corona, Fitness Studio: With its judgment of 17.06.2021, Case No. 29 C 3243/20 (97), the Frankfurt am Main Local Court concluded that a fitness studio contract cannot be extraordinarily terminated due to the lockdown within the framework of a “satisfaction guarantee”. Facts…
Apr 16
NJW

Rent Reduction Due to Corona

Commercial Rent in Times of Corona – Strengthened Negotiating Position for Commercial Tenants Rising infection rates lead to increased restrictions for commercially used rental spaces. Courts had to deal with the question of whether full rent payment can be demanded even if the use of the rental property is severely…
Nov 23
NJW

Sales Contract, § 434 BGB

The Sales Contract According to § 433 BGB Sales Contract Definition: The Sales Contract according to § 433 BGB describes a contract under the law of obligations that results in an obligatory transaction as a legal consequence. A Sales Contract consists of two corresponding declarations of intent, namely offer and…
Nov 19
AG Köln Urteil

Passenger’s Duty of Care

Passenger's Duty of Care when (Entering and) Exiting the Car In its decision of 08.10.2020 - Case No. 14 O 309/19 - the Cologne Regional Court ruled on a compensation claim regarding the passenger's duty of care when (entering and) exiting. Facts of the Case (Accident) The plaintiffs are claiming…
Nov 05
AG Köln Urteil

Illegal turning maneuver

Judgment on the claim for damages (illegal turning maneuver): In a decision dated October 7, 2020 - case no. 7 O 177/17 - the Regional Court of Cologne partially upheld a claim for damages resulting from a traffic accident. The judgment shows that the injured party's improper conduct in the…
Jul 31
NJW

Damage to Transported Goods

Compensation for Damage to Transported Goods According to §§ 451, 407, 425 HGB (§ 398 ZPO) The Cologne Regional Court in a decision dated January 9, 2018 - Case No. 16 S 5/16 - partially granted a compensation claim regarding damage to transported goods. The judgment shows which requirements must…
May 29
AG Köln Urteil

Damage Expert fee

Expert fee BVSK table In May 2017, the Local Court of Cologne ruled in a traffic accident case under case number 263 C 35/17 that the expert fee must generally be compensated by the injured party, unless the injured party recognizes that the fees are significantly higher. A reference to…
May 29
AG Köln Urteil

Damage during removal – transportation

Damage to furniture during removal & transportation - problems of burden of presentation & proof Transport orders often result in damage to the transported goods (transport damage); in the case of removals, it is the damaged furniture (removal damage). In the vast majority of cases, it is very difficult for…
May 29
AG Köln Urteil

Compensation for traffic accident

Damages and compensation for pain and suffering in a traffic accident - Satisfaction and compensation function of compensation for pain and suffering - Section 287 ZPO - Satisfaction & compensation function - Compensation for pain and suffering - The Local Court of Leverkusen has made a decision in a traffic…
May 29
AG Köln Urteil

Reduction in expert fee

Inadmissible reduction of expert fee - no breach of the duty to mitigate damages pursuant to Section 254 (2) sentence 1 case 2 BGB - Expert fee - In a legal dispute before the Cologne Local Court - case no. 269 C 207/15 - the court ruled on 12.02.2016 that…
May 29
NJW

Expert costs judgment

Expert costs judgment On June 30, 2017, Brühl District Court 24 C 446/17 ruled that the costs of an expert(surveyor) in a traffic accident case must be reimbursed in full by the opposing motor vehicle liability insurance company. Objections to the amount of the expert costs on the part of…
Jun 07
AG Köln Urteil

Exclusion of entrepreneurial liability

Exclusion of contractor liability - Accident at work Accident at work, § 104 para. 1 sentence 1 SGB VII, exclusion of employer's liability, double intent, employers' liability insurance association In a ruling dated August 25, 2015, the Cologne Labour Court - case no. 12 Ca 9961 / 14 - had…
Jun 07
AG Köln Urteil

Acceptance and warranty

Acceptance and warranty In a ruling by the Bergisch Gladbach Local Court on 29.08.2014, warranty claims were awarded due to defective performance of a work. The work was initially accepted by the client's representative without complaint. The asserted defects are predominantly visually perceptible. This was also the case at the…
Jun 07
Baurecht Zeitschrift (AGB)

Terms and Conditions Clause for Formal Acceptance

Terms and Conditions Clause for Formal Acceptance, Warranty Period - T A clause in a (standard) construction contract or in general terms and conditions (TCs) stating that the contractor's services require formal acceptance at the time of handing over the building to the client, disadvantages the contractor unreasonably, contrary to…
Jun 07
AG Köln Urteil

Animal husbandry ban ineffective

General ban and approval requirement for keeping animals is ineffective -Keeping dogs in the home In a ruling dated April 29, 2014 - case no. 226 C 441/13 (not legally binding), the Cologne District Court ruled that a clause in a residential tenancy agreement regarding a general ban on keeping…
Jun 07
AG Köln Urteil

Strollers in the Stairwell

Strollers in the Stairwell - Tenancy Law In a judgment dated February 11, 2014, the District Court of Cologne - Case No. 215 C 348/13 - decided on the question of whether parking strollers in the stairwell is generally permissible or not. According to the District Court of Cologne, parking…
Jun 07
AG Köln Urteil

Missing Door Rent Reduction

Residential Tenancy, 9% Rent Reduction Due to Missing Double Doors to the Kitchen and Bedroom - Rent Reduction A tenant of a high-priced apartment is entitled to a 9% reduction in rent if double doors between the living room and bedroom, as well as the living room and kitchen, are…