Court Clarifies Mobile Retailers' and Providers' Roles in Contracts
A recent ruling by the Higher Regional Court of Frankfurt am Main has clarified the roles and responsibilities of mobile phone retailers and network providers in contract agreements. The judgment, made on October 9, 2025, has brought clarity to the complex relationship between these parties.
The court ruled that mobile phone retailers are not responsible for the terms and conditions of mobile service contracts, even when they facilitate the contract's conclusion alongside a device purchase. The retailer's obligations are solely tied to the separate smartphone purchase contract.
The terms of the mobile service contract, which include factual information such as billing dates, are imposed by the mobile network provider, not the retailer. These terms do not alter the retailer's contractual obligations. Furthermore, the retailer does not act as the network provider's representative in concluding mobile service contracts.
In essence, the ruling has established a clear division of responsibilities. Mobile phone retailers are responsible for the terms of the smartphone purchase contract, while mobile network providers are responsible for the terms of the mobile service contract. This ruling aims to prevent confusion and ensure consumers are aware of who to hold accountable for different aspects of their mobile contracts.
