BGH ruling on gym contributions during Corona Lockdown

The XII. Civil Senate of the Federal Court of Justice (BGH) in Karlsruhe issued a potentially landmark ruling on Thursday, 04.05.2022. Specifically, it concerned membership fees in fitness studios that were collected by direct debit during the lockdowns to contain the Covid-19 pandemic (see AZ XII ZR 64/21). As gyms also had to close during this time, it was impossible for members to access the services they had already paid for.

The lawsuit was brought by a customer of a fitness studio whose operator had had to close the studio for around three months and had continued to collect the monthly fees of €29.90 plus a six-monthly service fee by direct debit during this period. She had accepted the written notice of termination. When an agreement on a voucher did not result in a settlement, the customer took the matter to court.