In its ruling of 10 July 2025 (Ref. III ZR 59/24), the Federal Court of Justice (BGH) strengthened consumer protection with regard to the inclusion of general terms and conditions (GTC). According to the ruling, it is not sufficient for a company to simply refer to GTC that are available online in a written contract form.
Facts
A telecommunications provider sent contract documents for a DSL tariff by post. The application form stated:
“The General Terms and Conditions (available at www.…/agb) apply.”
A consumer protection association filed a lawsuit seeking an injunction. The Higher Regional Court of Düsseldorf declared the clause invalid – the BGH confirmed this decision.
Decision of the BGH
The Federal Court of Justice clarified:
- Terms and conditions must be accessible when the contract is concluded (Section 305 of the German Civil Code (BGB)). A mere online reference is not sufficient if the contract is concluded in paper form. Consumers must not be forced to use additional media such as the internet.
- Transparency requirement (Section 307 BGB): The clause left open which version of the GTC should apply and even allowed for the automatic inclusion of future changes. In doing so, the company granted itself an inadmissible right to make changes.
The company’s appeal was unsuccessful.
Significance for practice
The Federal Court of Justice ruling on the inclusion of general terms and conditions is of considerable importance for companies and consumers:
- Companies must ensure that general terms and conditions are enclosed in paper form or at least provided in a clearly defined version.
- A mere link to terms and conditions available online is not sufficient.
- Violations can lead to warnings from consumer protection associations.
Conclusion
The ruling strengthens consumer rights and makes it clear that transparency when concluding contracts takes precedence over convenience for companies. Anyone who wants to effectively incorporate general terms and conditions into contracts should always make them available in a comprehensible, traceable and verifiable form.
