BGH Strengthens Consumer Rights in Fibre Broadband Contracts: Contract Term Begins When the Contract Is Concluded
Anyone who orders a fibre-optic connection often expects that some time will pass between the conclusion of the contract and activation. The expansion must be planned, lines must be laid and technical requirements must be created. However, this waiting time becomes problematic when it practically precedes the agreed minimum contract term and consumers remain tied to their provider for significantly longer than two years.
With its judgment of 8 January 2026, the Bundesgerichtshof made an important clarification on this matter. A clause according to which the minimum contract term only begins when the fibre-optic connection is established or activated may be ineffective. In principle, a contract binds the customer not only when the connection can be used, but rather when it is concluded.
A long waiting period must not extend the contractual tie
In the case decided, the general terms and conditions of a telecommunications provider stipulated that the agreed term of 24 months should only begin when the connection was activated. However, there could be many weeks or even months between the conclusion of the contract and this point in time. For the affected consumers, this meant that they were initially bound during the expansion and waiting phase and then for a further 24 months.
The Bundesgerichtshof did not accept this design. According to section 309 no. 9 letter a of the German Civil Code (BGB), general terms and conditions may not provide for a contractual tie of more than two years for services to be provided on a regular basis. If the time between the conclusion of the contract and activation is added to a subsequent minimum term, exactly this inadmissible extension can arise. At the same time, the Bundesgerichtshof has made it clear that section 56(1) of the German Telecommunications Act (TKG) does not displace this consumer protection regulation: Even within the scope of application of the Telecommunications Act, the start of the term of an initial contract is based on the conclusion of the contract, not on the subsequent provision of the service or the establishment of the connection.
Even the special features of fibre-optic expansion do not change this after the decision. The economic risk of delayed expansion must not be shifted to consumers by extending their actual commitment to a period of time that is no longer manageable.
What the ruling means for affected consumers
The ruling may be important for people who signed up for their fibre-optic or telecommunications contract long before it was actually activated. There is particular reason for a closer examination if the provider calculates the end of the contract from the later availability date or rejects a termination on the grounds that the minimum term only began with the activation.
It always depends on the specific contract. The date of an order is not always the legally relevant date of conclusion of the contract. The order confirmation, the contract summary, the general terms and conditions applicable at the time and further correspondence with the provider can be decisive. Notifications about the expansion, activation and the end of the contract stated by the provider can also be important for the legal assessment.
The ruling therefore does not mean that every fibre-optic contract is automatically terminated or that there is a special right of termination in every case. However, it creates an important basis for checking whether a provider calculates the term correctly and whether a contractual clause used is effective.
How we can support you
If you are unsure when your contract actually ends, we will work with you to check the timing and legal development of your contract. We look at when the contractual obligation arose, what term was agreed and what significance the later activation has in your specific case.
On this basis, we can assert a correct end to the contract against the provider, legally classify an already declared termination and check whether overpaid fees can be demanded back. If an immediate agreement is not possible, we will also support you in preparing for conciliation proceedings before the Bundesnetzagentur or examine further legal steps with you.
If possible, bring your order, the order or contract confirmation, the contract summary, the general terms and conditions applicable when the contract is concluded, as well as notifications regarding activation and your previous correspondence with the provider to a consultation. Documentation that is as complete as possible helps to reliably trace the start of the term.
Would you like to have your contract term checked?
If your provider only calculates the minimum contract term from activation or has rejected a termination citing this later date, you are welcome to contact the law firm JUDr. Gunther WITTENSTEIN. We will examine your documents individually and discuss with you in an understandable manner what options exist in your case.
Further information: The full judgment of the Bundesgerichtshof of 8 January 2026 – III ZR 8/25, the wording of § 309 BGB and the information of the Telecommunications Conciliation Body of the Bundesnetzagentur.
This article provides a general overview of the decision and does not replace legal advice in individual cases.