(image: dpa, Caroline Seidel)
For TV-cable networks must use Vodafone cable channels, Telekom, and pays 100 million euros in rent per year. To found a lot, Vodafone and complained. The Federal court has referred the case to the higher regional court of Frankfurt.
In the million-dispute to rental costs for cable channels has made Vodafone against Deutsche Telekom. The Federal court of justice (BGH) in Karlsruhe referred the case back to the Oberlandesgericht (higher regional court) Frankfurt. Vodafone accuses Telecom of excessive Rents, had failed in the lower courts. The Telecom owns the cable channels in which the broadband lines that Vodafone had bought the Telekom. The Telekom gets a rent of around 100 million euros in the year.
The OLG saw a connection between the sales and rental price, so that a Change of a subsequent purchase would come close to a price reduction. The resistance of the Antitrust division of the Supreme court language. The rent under the abuse of control deck. Vodafone is dependent on the cable ducts of Telecom, had also argued the lawyer from Vodafone. The Rent receivables should be inflated, you could be considered unlimited in time, as justified, just because of the amount of the rent had an impact on the purchase price.
the examination of individual cases is necessary
The rent of approximately 100 million euros, according to a translation of Euro 3.41 per metre of cable channel and year. The Federal network Agency lowered the amount of 2010 to 1.44 euros, and then again in 2011, to 1.08 euros. Vodafone went to court, because the rulings appealed and thus was not strong.
Whether abusive conduct is present, it needs to be clarified in the opinion of the Supreme court in a particular case. To study the specific contractual agreements, the circumstances of their formation, as well as later developments and the reactions of the parties to it would have to be. (Az.: KZR 2/15) (dpa) / (uma)