German Court Bars Mobile Providers From Unilateral Contract Termination

The Oberlandesgericht (Higher Regional Court) Bamberg ruled that clauses allowing mobile network operators to cancel unlimited‑data contracts at any time with a one‑month notice are unfair to consumers. The court, hearing a case brought by the Verbraucherzentrale Hamburg, declared such unilateral termination rights invalid and ordered the provider to cease using them. It emphasized that the minimum contract term must bind both parties and rejected the operator’s argument that early termination could benefit customers. The court also held that the European Electronic Communications Code does not override German law on unfair contract terms, so national consumer‑protection rules remain applicable.

The decision strengthens consumer rights in Germany by ensuring that mobile contracts cannot be terminated unilaterally, and it confirms that EU telecom regulations do not exempt providers from German unfair‑contract standards.