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mobilcom-debitel illicit profits – mobilcom-debitel can not keep profits obtained illegally and must pay about 420,000 euros to the public treasury. The company had won money with an inadmissible and illegally enriched clause.
mobilcom-debitel can not keep profit
The mobilcom-debitel provider can not keep the profits made by an illegal clause, the Higher Regional Court of Schleswig-Holstein recently ruled the file number 2 U 5 / 17. The decision was preceded by a one – year dispute that culminated in a similar verdict at the Kiel District Court last year.
The dispute began in 2011 when the German consumer federation (vzbv) mobilcom-debitel filed a of an amount of 4.95 euros abmahnte, which raised the provider in the Vario tariffs then in force. Customers had to pay these non-usage fees if they had not sent text messages and placed a call for more than three months. The VZBV did not consider this royalty and prohibited its subsequent use
. Nevertheless, mobilcom-debitel took the non-use tax for another 13 months until the company was legally obliged to omit it. During this period, the profit of a profit of 419,000 euros was created. As a result, the vzbv v mobilcom-debitel had requested a multi-level profit recovery procedure and had been successful in the Kiel District Court. mobilcom-debitel was obliged to return the price.
mobilcom-debitel charged fees
However, the supplier only recognized 148,000 euros and refused to return the remaining funds. As justification, the company stated that it had reached cost coverage in the tariffs only through the levy. "For if the company had known that the tax was out of order, it would have calculated the tariff differently and avoided underfunding, for example, by a higher basic tax," says the vzbv.
The Higher Regional Court of Schleswig-Holstein on. Costs based on fictitious behavior, such as those that mobilcom-debitel wanted to claim, would not diminish the profit to be made. Instead, only the actual costs could be taken into account
Customers should be compensated in the future
"The Vzbv realized that mobilcom-debitel can not benefit from any of these costs. a tax wrongly levied "Conceit, legal clerk at the vzbv. "The court also made it clear that no fictitious costs should be deducted from the profits to be paid."
The EU plans to provide a legal option for customers to recover their money in case of violation of consumer rights. "First and foremost, the compensation should benefit the harmed consumers.If this is not possible, the money should be used for consumer protection purposes."
Image: Christian Dubovan
Carmen Hornbogen
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