Telecom providers face extensive information duties. Speed and price claims are frequent grounds for warning letters.
Legal framework
- §§ 52, 54 TKG: pre-contractual information and contract summary
- § 56 TKG: maximum term 24 months, then monthly termination
- Art. 4(1)(d) Regulation (EU) 2015/2120: speed information (minimum, normally available, maximum)
Case law
- BGH, 25 June 2020, I ZR 96/19 – “LTE high speed” despite throttling is not automatically misleading; case-by-case assessment
- OLG Köln, 16 Dec 2011, 6 U 146/11 – “twice as fast” with the reference point hidden in a footnote is misleading
Case examples
“Up to 1,000 Mbit/s”
A cable provider advertises the maximum speed without stating that it is rarely achieved. The normally available speed must also be stated in the contract information.
Hidden one-off fees
A tariff is promoted with “EUR 9.99 per month” while a connection fee of EUR 69.99 is mentioned only in the footnote. This is misleading.
