The implementation of the Sales of Goods Directive (Directive 2019/771/EU of May 20, 2019) and the Digital Content and Services Directive (Directive 2019/770 (EU)) into national law.
[co-author: Angelika Tafelmaier]
Consequences for the hotel industry
According to a recent judgement of the Regional Court of Munich, the circumstances of the specific individual case must still be taken into account when determining the amount of rent adjustment due to a severe change in the implicit basis of contract (Störung der Geschäftsgrundlage according to § 313 BGB) caused by accommodation bans for the containment of the COVID-19 pandemic.
On 25th of January 2021, the Regional Court of Munich ruled on an action for payment of rent that was brought forward by a landlord who leased a building for the operation of a hotel to the tenant. Although hotel bookings for commercial purposes were still permitted at the time, the tenant decided to close the hotel following a cost calculation and has subsequently not paid rent for the months of April, May and June 2020.