According to a decision by the Federal Court of Justice (BGH), lessors of batteries for electric cars are not allowed to switch them off via digital remote access after a contract has been terminated. The Karlsruhe judges declared a corresponding clause in the General Terms and Conditions (AGB) to be invalid on Wednesday. When the battery is switched off, the entire car can no longer be used, said the presiding judge of the twelfth civil senate, Hans-Joachim Dose. The burden of litigation is shifted to the tenant. This is an unreasonable disadvantage for consumers. (Az. XII ZR 89/21)
The terms and conditions of the bank of the French car manufacturer Renault (RCI Banque) provided that the possibility of recharging the expensive batteries can be blocked in the event of an extraordinary contract end. Customers were informed of this 14 days in advance. The consumer advice center in Saxony complained that tenants were being put at an unreasonable disadvantage. The courts in Düsseldorf that have dealt with the case so far had taken a similar view and prohibited the use of that clause in the general terms and conditions. The bank took action against this at the BGH.
Announcement by the BGH Verbraucherzentrale Sachsen on the procedure Current notification from the Verbraucherzentrale on the subject
