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Is it sufficient to refer to GTCs that can be accessed online in the case of contract documents on paper, or must the GTCs also be attached on paper? A consumer association took the matter to the Federal Court of Justice for clarification.
What is it all about?
In 2023, a telecommunications company sent out promotional letters by post advertising a DSL tariff. The letter was accompanied by an application form. This contained a clause that simply referred to the company’s general terms and conditions, which were available at an Internet address.
A consumer association considered this practice to be unlawful and took it to court. While the Düsseldorf Higher Regional Court already had reservations, the Federal Court of Justice (Federal Court of Justice) has now made the final decision on the admissibility of this practice.
Background
The case is a prime example of the interaction between traditional paper business and digital references. While it has long been common practice in online retail to make GTCs available via links, the question arises in the analog sector: does the provider have to physically attach the GTCs or is a reference to a website sufficient?
The telecommunications company only referred to an Internet address in its form. This was intended to make the terms and conditions part of the contract. However, it was problematic that it was not clear which specific version of the GTC was to apply. It also remained unclear whether changes to the GTC would automatically apply to contracts that had already been concluded.
Decision on online GTC to the point
The Federal Court of Justice ruled in favor of the consumer association and stated that Judgment of 10.07.2025 – Ref. III ZR 59/24 clear: The mere reference to an Internet address is not sufficient.
In the most customer-hostile interpretation of the clause, the reference contained therein to the general terms and conditions available at the address www.—-.de/agb constitutes a dynamic reference with which not only the contractual terms and conditions of the defendant deposited at the Internet address at the time of the conclusion of the contract are to be included in the contract, but also any amended versions that may be posted on the Internet by the defendant at the address in the future.
The clause was therefore interpreted as a “dynamic reference”. This means that not only the current, but also any future version of the GTC could become part of the contract without the customer being informed or consenting. This gives the provider a practically unlimited right of amendment, which the judges in Karlsruhe classify as inadmissible.
According to the Federal Court of Justice, such an approach violates the transparency requirement. Consumers must be able to clearly and comprehensibly recognize which conditions apply. A clause that leaves it unclear whether the GTCs valid at the time the contract is concluded or later versions are applicable puts them at an unreasonable disadvantage.
Practical significance for the use of GTCs
The decision has considerable practical implications. It affects not only telecommunications providers, but all companies that conclude contracts with consumers.
Anyone offering contracts in paper form must generally provide customers with a copy of the GTC. A mere reference to an Internet address is not sufficient, even if the service offered, such as a DSL tariff in this case, is for Internet access.
Different standards apply in the online sector: there, it is recognized that a clear and unambiguous link to a specific version of the GTC is sufficient. In the paper-based business, however, the same reference leads to a so-called “media break” – and this is unreasonable for consumers, according to the Federal Court of Justice.
Companies should also ensure that their GTCs are not dynamic. Changes must be regulated transparently, for example through special change or adjustment clauses that contain strict conditions and grant the customer rights of participation.
Conclusion
With its ruling, the Federal Court of Justice has sent a clear message: When it comes to GTCs, transparency comes before convenience. Consumers should already know what they are agreeing to when concluding a contract. A general reference to an Internet address where the GTC can be accessed is not sufficient for offline offers.
In business practice, this means that anyone who sends offline contract documents and wishes to include GTCs should attach their GTCs. Anything else will result in the GTC not being effectively included. In addition, you risk cease and desist letters from competitors and consumer associations without necessity.
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