The Federal Court of Justice (BGH) ruled in a recent case (judgment of May 4, 2022 – XII ZR 64/21) in which a member paid his dues during the corona lockdowns publications recovered from the gym He has pronounced his sentence.
The BGH found that the study gave the member the contributions must be returned and also also no claim has on top, lost time of the forward contract catch up at a later date allow.
Exceptions to individual agreements made
The good news: Studies that, with their members, have one recommended by the DSSV compromise agreement have closed, are unaffected by this decision.
Such an agreement constitutes individual agreement represent; this one goes legal evaluation by the BGH.
DSSV webinar explains
in a open question and answer session the DSSV lawyers responded in one go webinar Relevant questions about potential refund claims and returns practical tips on how to deal with members.
A Recording of the webinar DSSV members can find here.
what is a individual agreement? What are the future consequences of the BGH ruling? ordinary dismissals? What happens if during confinement a break time It was agreed? EITHER: How long that the members Still claiming posts?
Answers in the members area
Some of the most common Questionsthey were asked in the webinar, they have the DSSV lawyers right answered. Three selected answers you can read directly in the following FAQ; DSSV members can find many more directly here on the internal area of the DSSV website.
- Question: What should I do if I did not make the debit during the confinement?
Answer: Following the BGH ruling, the mutual rights and obligations arising from the contract were suspended, so neither party can assert a claim. As a studio, you are not entitled to the contributions or to an extension of the contract. But even the member cannot demand the continuation of the term contract after the calendar time has expired.
- Question: What is an individual agreement?
Answer: Individual means that no pre-printed pattern can be used. Even after repeated use of the identical arrangement, there is a risk that individuality and thus effectiveness will be lacking.
- Question: What happens if a break has been agreed during confinement?
Answer: If the rest agreement is effective, that is, specifying the specific duration, the new termination of the contract and the corresponding termination option, the BGH ruling is not taken into account.