In a legal dispute about the effectiveness of a price increase it has made, does a supplier have to submit the corresponding price increase letter? This question arose in proceedings before the Hamburg Regional Court.
What was disputed was both the receipt of the price adjustment letter by the supplier and its content. The customer claimed that he had not received a letter and the supplier assured that he had sent it. However, this controversial question of access can be left aside if the content of the letter does not meet the legal requirements and the price change justified by it may therefore be ineffective. But now the supplier refused to even submit the corresponding letter. He saw no procedural reason to do so.
However, the Hamburg regional court put a stop to this. Anyone who relies on documents or other documents in court proceedings to derive a legal consequence that is favorable to them must also submit these in accordance with Section 142 ZPO if the other party and the court cannot otherwise obtain knowledge of the content.
Hamburg Regional Court, decision of June 2, 2023, 415 HKO 97/22
(Christian Dümke)
2024-02-15 21:54:25
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