The Federal court of justice in Karlsruhe, is the last legal instance in civil and criminal proceedings. He mainly decides about appeals against judgments of the regional courts (LG) and the higher regional courts (OLG). Like any court it shall rule no more evidence, but will decide only whether the judgment of the lower court is based on legal errors.

social law: Who goes home, does not have to double the

figures for the elderly or nursing homes arrange for their places is often a period of notice. Incur additional costs if the resident moves out early? A new Supreme court ruling makes moving for seniors is now easier. You can change from one day to the other the house, without having to pay twice. Your old home may not charge you for the caring place, even if you move out before the expiry of a contractually agreed notice period.

a man from Baden-Württemberg, is suffering from Multiple sclerosis had Complained. He wanted to move to another facility that specializes in his disease. Because the home provided for a one-month notice period, he presented at the end of January 2015, the termination for the end of February. Because in the new setup earlier a place was free, the man already on 14. February. The carrier therefore wanted to have from him some money for the whole month (BGH of 4. October 2018, file number III ZR 292/17).

consumer law: Horror-electricity bill is not allowed

A year payment of 9073 Euro for electricity? Of this claim by the Oldenburg energy provider EWE, an older couple was shocked pretty. Such as the insane amount of came, also could not explain to EWE. The couple do not need to pay, therefore, decided by the Supreme court.

The energy providers to let the electricity meter of a government-recognised body to investigate. Because of this no defects found, should be the customer to do just that. The Supreme judges saw differently. Alone the completely unusual amount of the invoice give the customer the right to refuse the payment. The basic power supply regulation, if “the serious possibility of a manifest error”. This was not the case, if the customer consumes for no apparent reason all of a sudden supposedly ten times as much as comparable households, so the Supreme court judges. The burden of proof for a correct settlement does not carry the energy suppliers, the examination of the meter, also from (BGH from 7. February 2018, Aktenzeichen VIII ZR 148/17).

Also of interest: electricity supplier switch: – Three persistent myths and their resolution

landlord and tenant law: renovation clause in the statement inadmissible

cosmetic repairs, there is often a dispute when a tenant wants to move out. This does not have to strike an unrenovated acquired apartment when moving out. This applies even if he had, the previous tenant, was the verdict of the Supreme court. Such a clause in the lease was ineffective.

In the case of a tenant from Celle (lower Saxony) was collected in a non-renovated apartment. With the previous tenant, he met with a written agreement that he pays for carpet floor, fitted kitchen and a 390. In the Handover Protocol, he confirmed: “the tenant does renovation work and carpet”. When he moved out after five years, renovated it though. However, the landlord is not held to be sufficient, and left in the apartment for more cosmetic repairs for 800 Euro, which should be paid by the tenant. His Argument was that The tenant had bought the much more expensive carpet with its commitment to renovate the apartment.

After a Supreme court judgment of 18. March 2015 (file reference VIII ZR 185/14, etc.) shall not oblige the landlord to the tenant without compensation to cosmetic repairs, if this is fed into a nonrenovated housing. Otherwise he would have to leave the rooms, possibly more beautiful than he found it. Such clauses in rental agreements are therefore invalid. With the new ruling, the Supreme court has made it clear that an agreement with the previous tenant does not change anything. (Supreme court of 22.08.2018, Aktenzeichen VIII ZR, 277/16 ).

More zumMietrecht – beware of contract terms: when you for any damages in the apartment

pensions: the Riester have to pay capital not impoundable

What happens if you pay money in a Riester-pension, state allowances and get into the debt trap? Who is in a private bankruptcy, you must have the money Riester capital is no fear. According to the BGH, the assets accrued for retirement is not impoundable. The prerequisite for this is that the saver has requested for government allowances and this also has get. In addition, the contributions may not exceed the maximum amount. Since claims arising from such a contract are not transferable, could not be seized, stated the highest civil judge.

in the case of a woman whose personal bankruptcy procedure 2014 in the Bavarian town of Aschaffenburg was opened was heard. The insolvency administrator had terminated in 2015, the Riester-contract at Allianz, the wife paid a total of 333 Euro. The redemption value amounted to 172,90€. The Alliance refused to grant the administrator access. With his resignation, he was also failed in the district court of Stuttgart. However, the LG Stuttgart, spoke to him in a right of termination. (Supreme court of 16.11.2017, reference IX ZR 21/17). RIESTER-PENSIONS IN COMPARISON with More pension by the appropriate insurance click here to see the Top providers

health law: No money for useless implants

In the case of Bungling by the dentist does not have to be paid for the bill, even if a treatment can’t save. Thus, the Supreme court decided in the case of a patient from Bremen. The woman had used a dentist for eight implants, before she broke off the treatment due to complications. For the unsuccessful performance, you should shell out, nevertheless, over 34,000 Euro.

in Spite of unsuccessful treatment, the higher regional court of Celle had been awarded to the dentist almost 17,000 euros – as there is for the woman “certainly an Option” to use the services. The Supreme civil judges saw differently: A dentist could promise no Success. In the concrete case there had been serious errors in treatment, which is why the services rendered to the wife were useless.

An expert who refers to the implants as to be unusable, because they were not sitting deep enough in the jaw bone and incorrectly positioned. For the more treatment there is for women therefore, the choice between “plague and Cholera”: are the artificial tooth roots in the jaw, must live permanently, with an increased risk of ignition. It lets you remove damaged bone so that new implants (BGH from the 13.09.2018, file number III ZR 294/16).

travel law: Pro-rata compensation for broken cruise

What you may not require, if a trip takes place as planned? After a fancy cruise, a couple from Berlin receives a compensation: Because of the “useless spent vacation days” however, it was not entitled to get the full price will be replaced.

The couple had booked a two week cruise in the Caribbean for 5000 Euro. Three days prior to the beginning of the trip was that on the ship, no cabins reserved. The Couple wanted to have his vacation days go to waste and booked instead a ride through Florida with the car for 890 Euro. From the travel organizer the tourists for the cancelled cruise demanded back the full price of the trip. In addition, they wanted to get the cost for the rental car of the Trip to be refunded.

In the first instance, the LG of Cologne, spoke for the couple, 3700 Euro, a compensation of 73 percent of the travel price. The additional costs for the rental car-travel were rejected. According to the court, the Cologne judges have made the right decision. Only in extreme cases, customers could make higher compensation of up to 100 percent of the claim, for example, if you have missed out on by the failure of a one-time event such as a football world Cup (BGH from the 29.05.2018, file no. X ZR 94/17).

landlord and tenant law: in addition to the cost to living space

settle operating costs and not sometimes ask, because the living area is true. Can a tenant file a complaint therefore, the settlement of the landlord? What is in the case of a rent increase already long case law has made clear, the Supreme court in may 2018 for the billing of ancillary costs: Differs from the actual living area of the in the rental agreement, the landlord has the right and the duty of the operating costs to be settled according to the actual area. This is true for the individual as for the total area.

In the specific case in the rental contract for an apartment in a multi family house with a living area of 75,59 square meters. The actual area was, however, more than 78 square meters. The landlord is expected, therefore, the consumption-independent part of the Heating costs and the so-called cold operating costs of this larger area.

The Supreme court has supported this bill and previous case law abandoned. Properly, there might be always on the actual size of the rented apartment, stated the judge. It can also be invoked by a tenant, if your living space is smaller than in the tenant contract. “Thus, the old practice is that at the time of rental apartment’s size is decisive, unless it deviates more than ten percent of the actual apartment size,” says Ulrich Ropertz of the German tenants ‘ Association (Federal court of justice of 30. May 2018, Aktenzeichen VIII ZR 220/17).

PDF What brake barely clears a tenant knows… Our PDF guide you of your rights and obligations as a tenant and explains the Rental price.To the PDF guide

In the FOCUS Online/Wochit Short carelessness: landlords pushing bill out of their apartment, BGH Mietrecht Riester-pension current