Cologne judgment: Netflix customers may reclaim illegally paid contributions!

Cologne judgment: Netflix customers may reclaim illegally paid contributions!

Köln, Deutschland - The Cologne Regional Court has decided that Netflix's one -sided price increases from 2019 to 2022. This means that affected customers may recall money, such as the bnn.de . A plaintiff who sued the price increase must be reimbursed almost 200 euros. The judges had found that the consent of the users to the price increases, which was only obtained through a pop-up window, was not legally sufficient.

The judgment also dealt with a clause in the terms of use of Netflix, which allowed one -sided price increases. However, this clause was declared ineffective by the Berlin Regional Court in 2021, a judgment that was confirmed two years later by the Berlin Chamber Court. The Cologne court decided that despite the approval of many users, the price increases were not valid (Az.: 6 S 114/23).

legal assessment and effects

The legal foundations for price increases are unproblematic in themselves, but the judges criticized the way Netflix caught up with approval. The users had the impression that the price increase had already been decided and that the user was only waiting for an acoustic "yes". This procedure aroused criticism, and also the WDR stated that the clause was classified as ineffective in the general terms and conditions.

Lawyers have already provided sample letters so that other Netflix users can also assert their claims. Another point is that customers who have not approved a price increase can easily demand repayment. The Stiftung Warentest points out that claims for reimbursement for amounts paid by December 31, 2021 are time -barred. All payments according to this date must be repaid by Netflix.

precedent for the streaming industry

The judgment of the Cologne Regional Court could have far -reaching consequences for the entire streaming industry, since many providers use similar clauses in their general terms and conditions. The right-wing experts of the IT-BoltWise see the judgment as an important step towards strengthening consumer rights in the digital age. Customers of streaming services have a stronger position through this judgment and can initiate secure legal steps to request repayments.