Setting a deadline

In its judgement, the Federal Supreme Court (BGH) determines when an effective deadline for supplementary performance pursuant to §§ 323 para. 1 BGB, 281 para. 1 sentence 1 BGB has been set.

Contrary to the opinion of the contested judgement of the Higher Regional Court, it is sufficient if it is made clear to the seller that the latter is to have only a limited period of time for subsequent performance. The buyer may use formulations that merely state this. It is not necessary to specify a certain date.

With this ruling, the Federal Supreme Court confirms its previous case law.

However, it is evident that due to the deviating legal opinion of the lower court, legal advice should be sought from a competent lawyer in individual cases, even in supposedly simple cases.

Our lawyers in Berlin will be happy to advise you on further questions regarding the law of sale or the general right of withdrawal.