Judgement of OLG Köln (HRC Cologne) of 27/02/2009, file number: 6 U 193/08

General terms and conditions are to be looked as a linguistic work and therefore as a copyright personal intellectual creation. Consequently the unauthorised use by third parties shows an infringement to the detriment of the in copyright matters amended.

Judgement of the EuGH (ECJ) of 04/06/2009, file number: C-243 / 08

The ECJ has decided that abusive contract clauses are not obliging for consumers and an appeal is not necessary. Contract clauses are to be checked by the courts officially; the audit also applies to own local competence. It is a case of the court to ascertain the misuse of the clause. This is given, if such a clause, without being negotiated, assigns exclusive competence to the court in whose district the businessman has his seat. 

Judgement of AG München (Local Court Munich) of 18/02/2009, file number: 6 W 4/09

If an Internet site promotes an inexpensive “test membership”, a clause about monetary compensation which is hidden in the following continuous text would be considered as astonishing.
The same applies to a lengthening clause which is hidden in the heading “Payment and Prices” and is not mention under the category “Contract Period” or “Contract Lengthening”.

Judgement of OLG Frankfurt/Main (HRC Frankfurt/Main) of 04/12/2008, file number 6 U 187/07

In case of the as “cost traps” known on the Internet, the supplier of the particular site has no right to payment against the user if no clear monetary compensation in the offer or on the web page is given, and a clear  payment duty is missed. The same applies particularly when the supplier of the site wants to deceive the user intentionally about the monetary compensation.