Living and shopping

1 Complaining about clothing despite alterations
A man bought a suit and had the trousers shortened. Three weeks later, he discovered a weaving fault in the matching jacket and demanded a refund. Because of the alterations, the store refused to refund the money. The court ruled in favor of the buyer. The reason: customers are not obliged to check goods for defects immediately.
Grevenbroich District Court, Ref.: 9 C 102/00

2 "Sofortüberweisung" is not sufficient online
Online retailers may not offer "Sofortüberweisung" as the only free means of payment. Customers may not be forced to transmit highly sensitive bank data to third parties.
BGH, Ref.: KZR 39/16

3 Compensation for a failed visit to the hairdresser
A customer wanted ombré-style hair with a black base and - in a smooth transition - purple tips. The hairdresser did not mention that this might not be possible - he did not succeed in three appointments. The court ruled that he had to reimburse the costs for the first appointment. Of the costs for a further appointment with another hairdresser, he had to pay back at least the part that was used for coloring to achieve a uniform color result. In addition, the customer received double-digit compensation for pain and suffering because the treatment had damaged the tips, meaning they had to be shortened.
Coburg District Court, Ref.: 12 C 1023/13

4 Pet owners are always liable - even in their absence
Owners are liable for damage caused by an animal even if it was in the care of another person and they were unable to influence the animal. In the case in question, a woman had her German shepherd dog operated on. After waking up from the general anaesthetic, he got into the hands of a vet and injured him to such an extent that he was unable to work. The vet demanded compensation and the court awarded him part of it. The ruling makes it clear that pet owners should have animal liability insurance.
OLG Celle Ref.: 20 U 38/11

5 Unfair practices by insurance companies
Although insurers may offer customers free trial offers, these may not be converted into a fee-based contract without further ado.
Limburg Regional Court, Ref.: 5 O 30/16

Traveling and commuting

6 Hand luggage is generally free of charge
Airlines are allowed to charge fees for baggage. However, passengers always transport hand luggage and goods purchased at the airport free of charge.
ECJ, Ref.: C-487/12

7 Filming can be a travel defect
A married couple had booked a cruise. They had not been told that filming would take place. The couple felt considerably disturbed, for example the promenade deck was partially closed off. the court ruled in their favor: passengers should be able to use all leisure activities. The couple was reimbursed 1,022 euros.
Bonn District Court, Ref.: 111 C 423/15

8 The rental car company has a burden of proof
If a rental car has defects, the renter is only liable if it can be clearly proven that they caused the damage. The car rental company must prove this with a handover report stating that the car was in perfect condition when it was rented.
Landshut Regional Court, Ref.: 14 S 254/11

9 40 percent down payment is okay
Consumer advocates had filed a lawsuit against a tour operator that demanded down payments of up to 40 percent for its package tours. The ruling: Tour operators are allowed to demand such high amounts because they already pay commissions to travel agencies when the contract is concluded.

Rent and neighborhood

10 Noise from children: no rent reduction
Screaming or trampling by small children is acceptable for tenants in an apartment building.
Hamburg-Bergedorf District Court, Ref.: 409 C 285/08

11 Subletting may not be prohibited
A landlord must allow subletting unless he has good reason not to. In the case in question, a couple who had lived abroad for a year obtained 7,475 euros from the landlord, who had forbidden them to sublet, after their return to court.
BGH, Ref.: VIII ZR 349/13

12 Tree trimming is not the tenant's responsibility
Clauses such as "Garden maintenance is the responsibility of the tenant" in the contract are aimed at simple work such as mowing the lawn or removing leaves. They do not oblige the tenant to prune trees. Landlords must take care of this themselves.
AG Würzburg, Ref.: 13 C 779/17

13 Operating costs: The deadline is binding
Landlords of condominiums must also comply with the statutory 12-month deadline for the statement of operating costs, after which they are not entitled to additional payments. Even inactive property management is no excuse.
BGH, Ref.: VIII ZR 249/15

14 Sanding down parquet is not necessary
Tenants are not obliged to sand down the parquet flooring when they move out. This applies even if this was stipulated in the tenancy agreement.
LG Berlin, Ref.: 63 347/12

Bank and money

15 ATM fraud: Bank has the burden of proof
If unauthorized persons have withdrawn money from an ATM using the correct PIN, the bank must prove that the original card was used and not a copy. Only then will the injured party be liable because they may have kept the card and pin together and therefore acted with gross negligence.
BGH, Ref.: XI ZR 370/10

16 Building society: Account fee is inadmissible
Building societies may not charge their customers any account fees during the loan phase. Reason: This illegally passes on the costs of administration to savers, which the building society predominantly pays in its own interests.
BGH, Ref.: XI ZR 308/15

17 Right of termination in the event of an electricity price increase
If electricity providers increase their prices due to increased taxes, levies or surcharges, customers generally have a statutory special right of termination. Providers may not exclude this by clause.
BGH, case reference: VIII ZR 163/16

Medicine and health

18 Right of withdrawal also for online pharmacies
An online pharmacy had generally excluded the right to cancel medication and justified this with the perishability of medicines. Wrongly, a court ruled.
OLG Naumburg, Ref.: 9 U 19/17

19 No cancellation fee if appointment canceled
Although some claim it, doctors are not entitled to a cancellation fee if patients cancel at short notice or simply do not show up for an appointment.
Bremen District Court, Ref.: 9 C 0566/11

20 Preference for close relatives as guardians
If a person has to be placed under guardianship, close relatives should be given preference when choosing a guardian.
BGH, Ref.: XII ZB 550/16

21 Grading doctors online is permitted
As long as they do not contain lies or defamation, anonymous reviews of doctors on internet portals in the form of grades or comments are not objectionable.
BGH, case reference: VI ZR 358/13

Family and partnership

22 Compensation for lack of a daycare place
If parents do not get a place in a daycare center and are therefore only able to go back to work much later, they are entitled to compensation from the municipality.
BGH, Ref.: III ZR 278/15, 302/15 and 303/15

23 Duty of supervision: child can move away
A five-year-old child hit a pensioner on a scooter. The man demanded compensation for pain and suffering because he was of the opinion that the parents had breached their duty of supervision. In vain: children are allowed to move away within shouting distance, parents cannot always intervene, according to the court.
OLG Koblenz, Ref.: 5 U 433/11

24 Loans: marital joint liability dubious
Banks often ask spouses to guarantee loans. Objectionable, says the court. Banks take advantage of the spouses' situation. They would only act as guarantors to preserve marital peace. The case was brought by an insolvent wife who had signed for a loan from her husband years ago.
BGH, Ref.: XI ZR 32/16

25 Child benefit is also available abroad
Parents are entitled to child benefit if their child studies outside the EU for years - as long as they maintain a residence in their household and spend most of their study-free time there.
BFH, Ref.: III R 38/149

26 No tax relief for divorcees
Legal costs for divorce proceedings are no longer tax-deductible.
BFH, Ref.: VI R 9/16

Profession and job

27 Boss does not have to tolerate a dog in the office
The boss can prohibit a dog from being brought into the office, even if he had previously allowed it for years.
LAG Düsseldorf, Ref.: 9 Sa 1207/3

28 Ergonomic office chair is sufficient
An employee applied for an orthopaedic office chair for her job. The court dismissed the claim. An ergonomic office chair was sufficient for her needs - and the employer had to provide this to all employees anyway.
SG Dresden, Ref.: S 24 R 157/08

29 Salary discrimination needs evidence
Because her male colleague earned more than her, a woman sued for compensation. The court found that the employees were not comparable and did not consider it proven that her gender was the reason for the lower pay.
AG Berlin, Ref.: 56 Ca 5356/15

30 Smokers are not insured
Employees are not insured during cigarette breaks. Smoking is not necessary to maintain the ability to work.
SG Berlin, Ref.: S 68 U 577/12