In cases of so-called “WAP/WEB billing”, the user is made to believe that he is clicking on a video player button with his smartphone. The top “screen layer” that the user clicks on effectively “lets the click through” and the corresponding clickable areas are arranged to trigger the (invisible) activation button below, which ultimately does not pull the financial claim.
The District Court of Düsseldorf has now ruled, in my opinion correctly and unambiguously, that if such a course of events is assumed, i.e. the unconscious “clicking through” of several layers, due to the lack of objective recognizability of such behavior to the outside world in legal transactions, not of several, according to §§ 142 para. 1, 123 par. 1 BGB, which can only be contested with ex tunc effect.
Rather, in these cases, no contract would be concluded at all.
