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Free Garden Maintenance

Sometimes consumer protection goes too far. In a case decided by the Frankenthal Regional Court (judgment of April 15, 2025, Case No. 8 O AZ 214/24), a homeowner hired a gardener to replant and restore his completely overgrown property.

After several months of work, the gardener issued an invoice for 19,000 euros. Since the garden owner felt the hourly rate on the invoice was too high, he did not pay and was sued. The Regional Court ruled that, despite the gardener’s substantial work, no fee was owed. The gardener had not informed the garden owner of his right of withdrawal, so the garden owner could have withdrawn even after the work was completed. If he had been properly informed, the garden owner would have had 14 days to withdraw. The fact that the gardener could not even receive compensation for his work is due to the punitive nature of the consumer protection provision, i.e., it serves to “punish” the business. The Regional Court bases this on the ECJ ruling of May 17, 2023, C-91/22. This is a typical case that is very difficult to explain to a non-lawyer.