Verdict: No contract in case of unfortunate confusion

  • 2 years ago

When tenants move into a new apartment, they automatically receive electricity from a basic supplier - unless they choose an optional supplier. But what happens if a tenant has opted for a supplier of choice but the meter numbers of two neighboring apartments get mixed up? This has now been decided by the Frankfurt am Main Local Court [case number 29 C 903/21 (19)].

In this case, a real estate management company had inadvertently provided a new tenant with the meter number of the neighboring apartment. The tenant therefore concluded a contract with an elective supplier using the supposedly correct meter number. After noticing the mix-up, the tenant informed her dial-up supplier and gave it the correct meter number, i.e. that of her apartment. The supplier adjusted its bills accordingly.

However, the basic utility company, which also provided services, now demanded money from the tenant. However, the tenant refused to pay the bill. The basic supplier then sued the tenant. However, the lawsuit was unsuccessful. According to the Frankfurt am Main Local Court, no electricity supply contract had been concluded between the parties. After all, the tenant wanted to conclude a contract with a supplier of choice and not with the basic supplier.

Source: ordentliche-gerichtsbarkeit.hessen.de
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