If a wedding celebration for which a location has already been rented has to be canceled due to the coronavirus pandemic, the couple must still pay the room rental fee. This was recently decided by the Federal Court of Justice (BGH). In the case in question, a couple from North Rhine-Westphalia had married in a civil ceremony on December 11, 2018 and had planned a wedding celebration with 70 guests for May 1, 2020. The couple had paid the rent of 2,600 euros for the location in advance.
However, it was not possible to celebrate on 1 May 2020 because events, gatherings and assemblies of more than two people in public spaces were prohibited due to the Corona Protection Ordinance in force in North Rhine-Westphalia at the time. The organizer then offered the couple alternative dates. However, the couple asked for a refund of the rent and also declared their withdrawal from the contract.
The case finally ended up before the Gelsenkirchen district court, which dismissed the couple's claim. The couple then took the case to Essen Regional Court. The court ruled that the organizer had to repay the couple 1,300 euros. The case then ended up before the BGH. It concluded that the restrictions imposed by the COVID-19 pandemic did not make it impossible for the organizer to "grant the couple the use of the rented property [...]". Furthermore, the BGH believes that it would have been reasonable for the couple to relocate the wedding celebration. However, it also points out that the decision depends on the individual case.
Source: BGH (AZ: XII ZR 36/21)
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