Due to the high topicality of the subject, VDMA’s Legal Department has revised its information sheet for the evaluation and assessment of the (legal) situation in connection with COVID 19.
With its resolution of March 25, 2020, the Bundestag passed the law to mitigate the consequences of the COVID-19 pandemic in civil, insolvency and criminal procedure law.
The OLG Frankfurt has decided in its decision of 18.02.2019 - 13 U 186/17 that a manufacturer or importer cannot be required to stock spare parts for an unlimited period of time from the end customer.
In a decision already published on 19 March 2019 (Az. XI ZR 9/18), the Federal Court of Justice (BGH) renewed that in the event of amendments to individual contractual terms it cannot be assumed at the same time that a clause which is not connected with this in the structure of terms and conditions is also seriously at issue.
In its ruling of 18 June 2019 (Case No. X ZR 86/17), the Federal Supreme Court contained the risk of an exclusion of an offer due to the inclusion of its own General Terms and Conditions (AGB).
In its judgement of 20 March 2019 (Az. VIII ZR 213/18), the Federal Court of Justice (BGH) again specified when a purchased item is not suitable for the use presumed under the contract pursuant to § 434 (1) sentence 2 No. 1 BGB (German Civil Code).
As of August 2019, the VDMA Model Conditions (Delivery, Assembly and Repair Conditions) have been updated as part of a regular review.
The Higher Regional Court of Brandenburg, in its ruling of 9.11.2018 - 4 U 49/16, ruled on a situation which contains several relevant aspects for the contractor.
The European umbrella organisation "Orgalim" (formerly "Orgalime") has published a new model contract.
An updated edition of "focus on LAW - General Terms and Conditions for Business – Introduction and Overview” is now available.
Companies, lawyers and researchers all agree: the German law on general terms and conditions needs to be updated for B2B transactions.
RA Dr. Stefan Janssen
RA Dr. Stefan Janssen
Legal Counsel (Syndikusrechtsanwalt)

German Contract Law, Law on General Conditions, Antitrust Law, Insolvency Law
+49 69 6603-1362
+49 69 6603-2362