Germany’s Top Court Kills “Distraction” Buttons on Cancellation Pages
Published on 07/23/2026 at 17:43 | Redaktion boerse-global.de
The Federal Court of Justice (BGH) has outlawed a common online trick used by companies to keep customers from ending their contracts. From now on, the confirmation page of a digital cancellation process must contain nothing but the termination itself — no extra offers, no alternative buttons, no “pause your membership” options.
The landmark ruling, handed down on 16 July (case reference I ZR 200/25), originated with a lawsuit brought by a consumer protection association. A fitness studio had placed a button on its cancellation page allowing members to put their contracts on hold through a “self-service” feature. The judges found that this violated Section 312k of the German Civil Code (BGB).
With the decision, the BGH overturned a prior judgment from the Düsseldorf Higher Regional Court. Going forward, the confirmation screen may only display the information legally required to complete the termination.
Coalition Reform: Longer Fixed-Term Contracts and Tighter Sick Leave Rules
Separately, the federal government passed its “Programme for Recovery and Employment” reform package in early July. The rules for fixed-term contracts without a specific reason are being loosened: they can now run up to 48 months, with as many as six extensions possible. The new regulation is initially capped at the end of 2030.
The requirement that fixed-term agreements be made in writing is set to be dropped on 1 January 2027. At the same time, the government is tightening proof-of-illness obligations: employees will have to submit a doctor’s certificate starting from the very first day of sick leave. The practice of obtaining a sick note by phone is being abolished altogether.
For high-earning employees whose annual compensation exceeds €177,450, the reform introduces an expanded right to dissolve the employment relationship. Severance payments will receive tax advantages if the worker quickly finds a new job.
Form Errors Can Kill a Dismissal
The Federal Labour Court (BAG) has reinforced the importance of getting procedural steps right. In a ruling on 29 January (case reference 2 AZR 128/25), it declared the dismissal of a severely disabled employee invalid because the company’s representative body for disabled workers (SBV) had not been properly consulted.
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The one-week deadline for hearing the SBV must be observed even during the probation period. Simply stamping the request as “noted” does not count as a waiver of the deadline. In the specific case, the employer issued the termination before that week had elapsed — the employment relationship continues to exist.
Courts are also demanding proportionality in behaviour-related dismissals. The Schleswig-Holstein Regional Labour Court ruled in August 2025 (case reference 1 Sa 104/25) that an instant dismissal over a tasteless video posted in a private WhatsApp group was invalid. The video had no connection to the outside world and was clearly intended as a joke — a written warning would have been sufficient.
Rising Caseload: Disability Discrimination Claims Surge
Legal disputes over severe disability and protection against dismissal are climbing sharply. The Munich Social Court recorded 1,485 such cases in 2023; by 2025 that figure had reached 2,123. In the first half of 2026, the number jumped more than 45 percent compared with the same period a year earlier.
For employees, the three-week deadline for filing a dismissal protection claim remains the biggest hurdle. The Dismissal Protection Act applies to companies with more than ten full-time staff, provided the employment relationship has lasted longer than six months. Successful claimants are entitled to back pay — but they must actively seek a new job. Most proceedings before labour courts end with a settlement and a severance payment.
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