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BGH Rules Fiber Contract Minimum Terms Start at Signing, Not Activation

Consumers can now seek earlier end dates using template letters from the NRW consumer group.

Overview

  • Germany’s Federal Court of Justice (III ZR 8/25) invalidated a Deutsche GigaNetz clause that began the term at activation, affirming a prior Hamburg ruling.
  • The judges held that the 24‑month maximum under the Civil Code runs from contract conclusion, noting activation‑based starts can unlawfully prolong commitments during buildout delays.
  • The court found no legal basis to carve out exceptions for fiber under telecom law and declined to seek a ruling from the European Court of Justice.
  • Consumer advocates advise customers to request corrected termination dates and provide model letters, urging checks of order confirmations to verify contract dates.
  • Industry association VATM warns the decision reduces investment predictability for privately financed rollout and urges regulatory action to address switching and access hurdles.