The Schleswig-Holstein Higher Regional Court has strengthened the rights of consumers in a decision issued. The defendant distributes telecommunications services, inter alia, via the Internet. In doing so, it uses the legally offered model for the revocation instruction in order to inform the consumer about his right of withdrawal. In the model revocation notice, the defendant did not provide her telephone number, even though she has business telephone numbers set up specifically for contact with existing customers. The plaintiff, an association for the promotion of commercial or independent professional interests, sought, by his action, to ensure that the defendant did not use the revocation instructions without specifying the telephone number already in place. The Landgericht Kiel has ordered the defendant to apply. The 6th Civil Senate of the Schleswig-Holstein Higher Regional Court rejected the defendant’s appeal and upheld the regional court ruling.
The OLG ruled that the defendant did not fulfil its obligations to inform consumers because it did not specify a telephone number which it uses to contact existing customers in the model revocation notice. The legislator has formulated a design notice in order to complete the revocation instruction. The trader is then to provide his name, address and, where available, his telephone number, fax number and e-mail address. Since the revocation can be declared not only in text form, but also by telephone or orally, the trader must in any case inform the consumer of the telephone number if he otherwise uses this telephone number to contact his customers. That was the case with the defendant. It used various telephone numbers through which it could be called by its customers, inter alia, to use services relating to contracts already concluded. It must therefore also accept any revocations via this means of communication.
