Overview
- The Oberlandesgericht Koblenz found 1&1’s contract phrase about “unübliches Verbrauchsverhalten” (unusual usage) to be vague and unlawful and declared the clause invalid.
- The decision prevents 1&1 from throttling data speeds or carrying out extraordinary contract cancellations based on the challenged wording until the company removes or clearly rewords the clause.
- The Verbraucherzentrale NRW brought the case, and the court refused leave to appeal, making the ruling final at the regional level for this dispute.
- Customers who bought so-called Unlimited high‑speed tariffs can expect no restrictions under that clause while it remains unchanged, because the court said consumers must be able to see precise limits in advance.
- The judgment follows other regional rulings against similar clauses and is likely to push telecom providers to set specific, measurable thresholds in AGBs or risk further legal challenges.