Overview
- Germany’s Federal Court of Justice (III ZR 8/25) invalidated a Deutsche GigaNetz clause that began the term at activation, affirming a prior Hamburg ruling.
- The judges held that the 24‑month maximum under the Civil Code runs from contract conclusion, noting activation‑based starts can unlawfully prolong commitments during buildout delays.
- The court found no legal basis to carve out exceptions for fiber under telecom law and declined to seek a ruling from the European Court of Justice.
- Consumer advocates advise customers to request corrected termination dates and provide model letters, urging checks of order confirmations to verify contract dates.
- Industry association VATM warns the decision reduces investment predictability for privately financed rollout and urges regulatory action to address switching and access hurdles.