Internet-Zugang als Lebensgrundlage

Ein Internet-Zugang hat zentrale Bedeutung für die Lebensführung der Menschen. Bei einem Internetausfall stehen den Kunden des Providers für die Internetnutzung grundsätzlich Schadensersatz zu, wenn dieser Internet-Zugang längere Zeit ausfällt. So entschied jetzt der Bundesgerichtshof im Interesse der Internetnutzer.

Internet-Zugang als Lebensgrundlage
Internet-Zugang als Lebensgrundlage

Einem Kunden war für mehrere Monate der Internet- und Festnetz-Zugang trotz Vertrages mit einem Telekommunikations-Provider versperrt. Zwar hat der Provider dem Kunden Schadenersatz gewährt für die Mehrkosten der Handynutzung, doch der Kunde wollte einen höheren Schadensersatz, weil er weder Fax-Nachrichten versenden, noch die Funktion der Internet-Telefonie nutzen konnte. Nun hat der Bundesgerichtsgerichtshof in seiner Entscheidung zum Internetzugang als Lebensgrundlage diesen Schadensersatz im konkreten Fall nicht festgelegt; grundsätzlich hält der Bundesgerichthof aber die ständige Verfügbarkeit eines Internet-Zugangs von so zentraler Bedeutung, dass bei einen längeren Ausfall von einer bedeutsamen Einschränkung in der Lebensführung der Menschen auszugehen sei. Zur Detailklärung wurde der Einzelfall an das Berufsgericht zurückverwiesen.

Relevanz kann diese Entscheidung des Bundesgerichtshofs auch für politische Forderungen haben, die Zugangssperren zum Internet fordern, wenn ein Nutzer urheberrechtliche geschützte Inhalte illegal aus dem Internet zieht. Eine solche Forderung lässt sich wohl kaum mit der grundsätzlichen Bedeutung der Internetnutzung für die Lebensführung der Menschen nicht in Einklang bringen.

Für Verbraucher ist die neue Entscheidung des Bundesgerichtshofs von eher untergeordneter Bedeutung. Denn die Höhe des Schadensersatzes wird sehr stark im Rahmen der konkreten Kosten gesehen, die durch zusätzliche Handygespräche oder andere Kompensationshandlungen beim Internetausfall anfallen. Außerdem kann es schwierig für den Verbraucher werden, diese Schadensersatzkosten im Einzelfall zu belegen.

Bildnachweis: © sommai –

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