Where the name of a person is subject to German law, that person can, by declaration before the Registrar of Births, Marriages and Deaths, choose a name that he or she obtained when he or she had habitual residence in another Member State of the European Union, where that name was registered in a register of civil status, unless this is manifestly incompatible with the fundamental principles of German law. The choice of name shall have retroactive effect from the date of the registration in the register of civil status of the other Member State, unless the person explicitly declares that the choice of name shall be effective for the future only. The declaration must be publicly certified or authenticated. Article 47 paragraphs 1 and 3 shall apply mutatis mutandis.
Article 240
Contractual rules occasioned by the COVID-19 pandemic
Section 1
Moratorium
(1) Consumers are entitled to refuse performance, until no later than 30 June 2020, of a claim in connection with a consumer contract which is a continuous obligation and which was concluded before 8 March 2020 where, as a consequence of circumstances which can be attributed to the multiplication of infections caused by the SARS-CoV-2 virus (COVID-19 pandemic), they would not be able to render performance without endangering their own decent livelihood or that of their dependants. The right to refuse performance applies to all essential continuous obligations. Continuous obligations are ʻessentialʼ if they are necessary so that consumers are adequately supplied with services of general interest.
(2) A ʻmicroenterpriseʼ within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36) is entitled to refuse performance, until no later than 30 June 2020, of a claim in connection with a contract which was concluded before 8 March 2020 where, as a consequence of circumstances which can be attributed to the COVID-19 pandemic,
1. the enterprise is unable to render performance or
2. the enterprise would not be able to render performance without endangering the economic foundations of its business undertaking.
The right to refuse performance applies to all essential continuous obligations. Continuous obligations are ʻessentialʼ if they are necessary to ensure a supply of services which is adequate to continue the business undertaking.
(3) Subsection (1) does not apply if it is, in turn, unreasonable to expect the creditor to accept the exercise of the right to refuse performance because non-performance would endanger the economic foundations of his or her business undertaking. Subsection (2) does not apply if it is unreasonable to expect the creditor to accept the exercise of the right to refuse performance because non-performance would endanger his or her own decent livelihood or that of his or her dependants or the economic foundations of his or her business undertaking. Where the right to refuse performance under sentence 1 or 2 is ruled out, the debtor has the right to terminate the contract.
(4) Further, subsections (1) and (2) do not apply in connection with
1. leases and usufructuary leases pursuant to section 2, loan agreements and
2. entitlements under labour law.
(5) Derogations from subsections (1) and (2) which are prejudicial to the debtor are not permissible.
Section 2
Restrictions on the termination of leases and usufructuary leases
(1) Landlords are not permitted to terminate leases for land or premises merely on the ground that the tenant does not make a rental payment in the period from 1 April 2020 to 30 June 2020 despite its being due, insofar as non-payment is due to the effects of the COVID-19 pandemic. The link between the COVID-19 pandemic and non-payment must be satisfactorily demonstrated. Other rights of termination remain unaffected.
(2) Derogations from subsection (1) which are prejudicial to the lessee are not permissible.
(3) Subsections (1) and (2) apply accordingly to usufructuary leases.
(4) Subsections (1) to (3) only apply until 30 June 2022.
Section 3
Rules relating to the law concerning loans
(1) As regards consumer loan agreements which were concluded before 15 March 2020, claims on the part of the lender to repayment and payments of interest or of the principal which are due in the period from 1 April 2020 to 30 June 2020 are granted a deferral of payment for a period of three months as from the due date if the consumer suffers a loss of revenue due to the extraordinary circumstances which have arisen as a consequence of the spread of the COVID-19 pandemic which means that it is unreasonable to expect the consumer to make the contractually agreed payment. Performance is, in particular, unreasonable if the consumer’s own decent livelihood or that of his or her dependants is endangered thereby. During the period referred to in sentence 1, consumers may continue making payments on the originally agreed due dates. Where consumers continue to make payments as contractually agreed, the deferral of payment set out in sentence 1 is deemed not to apply.
(2) The contracting parties are permitted to make arrangements which deviate from subsection (1), in particular concerning possible part payments, adjustments to repayments of interest or of the principal, or debt restructuring.
(3) Terminations of agreements on the part of the lender on account of a default in payment, due to a significant worsening of the consumer’s financial circumstances or the value of the security rendered for the loan are ruled out in the case of subsection (1) up until the end of the period of deferral of payment. Derogations which are prejudicial to the consumer are not permissible.
(4) The lender is to offer the consumer a meeting to discuss the possibility of reaching an agreement and possible support measures. Means of distance communication may also be used to that end.
(5) Where no agreement can be reached for the period after 30 June 2020, the contract term is extended by three months. The due dates in respect of contractual performance are deferred for the duration of that period. The lender is to make a copy of the contract which incorporates the agreed contractual changes or the contractual changes resulting from sentence 1 and from subsection (1) sentence 1 available to the consumer.
(6) Subsections (1) to (5) do not apply if it is unreasonable to expect the lender to accept the deferral of payment or the preclusion of termination of the agreement after giving due consideration to all the circumstances of the individual case, including the changes to the general circumstances of life brought about by the COVID-19 pandemic.
(7) Subsections (1) to (6) apply accordingly to the adjustment of payments and recourse among joint and several debtors pursuant to section 426 of the Civil Code (Bürgerliches Gesetzbuch).
(8) The Federal Government is authorised, by way of statutory instrument requiring the approval of the Bundestag and not requiring the approval of the Bundesrat, to amend the group of persons to whom subsections (1) to (7) apply and, in particular, to include in their scope of application microenterprises within the meaning of Article 2 (3) of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.
Section 4
Authorisation to issue statutory instruments
(1) The Federal Government is authorised, by way of statutory instrument not requiring the approval of the Bundesrat,
1. to extend the duration of the right to refuse performance pursuant to section 1 until no later than 30 September 2020,
2. to extend the restriction as to terminations set out in section 2 (1) and (3) to outstanding payments arising in the period from 1 July 2020 and no later than 30 September 2020,
3. to extend the period set out in section 3 (1) until 30 September 2020 and the extension of the contract term set out in section 3 (5) to up to 12 months
where it is to be expected that social life, the economic activity of a large number of enterprises or the gainful employment of a large number of persons will continue to be significantly adversely affected as a consequence of the COVID-19 pandemic.
(2) The Federal Government is authorised, by way of statutory instrument requiring the approval of the Bundestag and not requiring the approval of the Bundesrat, to extend the periods set out in subsection (1) beyond 30 September 2020 if the adverse effects continue to exist even after the statutory instrument referred to in subsection (1) has entered into force.
Section 5
Voucher for recreational events and recreational facilities
(1) Where a music, cultural, sports or other recreational event could not or cannot take place on account of the COVID-19 pandemic, the organiser of the event is entitled to present the holder of an admission ticket or other permit purchased before 8 March 2020 with a voucher instead of refunding the price of admission or other fee. If the admission ticket or other permit entitles the holder to participate in several recreational events and only a part of these events could or can take place, the organiser of the event is entitled to present the holder with a voucher to the value of that part which was or is not used.
(2) Where a music, cultural, sports or other recreational facility was or is forced to close on account of the COVID-19 pandemic, the operator of the facility is entitled to present the holder of an access pass purchased before 8 March 2020 with a voucher instead of refunding the fee.
(3) The value of the voucher must cover the entire price of admission or entire other fee, including any advance booking fees. No costs may be charged for issuing and shipping the voucher.
(4) The voucher must indicate
1. that it was issued on account of the COVID-19 pandemic and
2. that the holder of the voucher may demand payment of the value of the voucher under one of the conditions set out in subsection (5).
(5) Holders of a voucher issued in accordance with subsection (1) or (2) may demand that the organiser of the event or operator of the facility pay them the value of the voucher if
1. it is unreasonable, in view of their personal circumstances, to expect them to accept a voucher or
2. they have not redeemed the voucher by 31 December 2021.
Section 6
Travel voucher; authorisation to issue statutory instruments
(1) Where a traveller or an organiser of package travel, a package holiday or package tour (ʻpackageʼ) withdraws from a package contract under section 651h (1), (3) and (4) sentence 1 no. 2 of the Civil Code on account of the COVID-19 pandemic, and the contract was concluded before 8 March 2020, then the organiser of the package may offer the traveller a travel voucher instead of refunding the price of the package. This option is also open to the organiser of the package if withdrawal, under the conditions of sentence 1, was declared by the traveller or the organiser before the day on which this provision entered into force under Article 3 (1) sentence 1 of the Act of 10 July 2020 (Federal Law Gazette I, p. 1643) and the organiser of the package has not already repaid the price of the package. Travellers are free to choose whether to accept the organiser’s offer or whether to exercise their right to be refunded the price of the package. The organiser must notify the traveller of this choice when making the offer. If a traveller has already accepted the organiser’s offer before the day on which this provision entered into force under Article 3 (1) sentence 1 of the Act of 10 July 2020 (Federal Law Gazette I, p. 1643), which offer was made under the conditions of sentence 1, then the traveller may demand that the voucher be modified so that it meets the requirements of subsections (2) and (3) or that it be exchanged for a voucher which meets the requirements of subsections (2) and (3).
(2) The value of the travel voucher must correspond to the advance payments made. No costs may be changed for issuing, shipping and redeeming the voucher.
(3) In addition to its value, the travel voucher must indicate
1. that it was issued on account of the COVID-19 pandemic,
2. how long it is valid for,
3. that the traveller may, under the conditions set out in subsection (5), demand that any advance payments made be refunded and
4. that the traveller is protected, under subsection (6), in the event of the organiser’s insolvency and that any additional promises of performance made by the organiser are not covered by the insolvency protection.
(4) The travel voucher ceases to be valid on 31 December 2021 at the latest.
(5) Organisers of packages must immediately, within 14 days at the latest, refund travellers the price of any advance payments made if the traveller has not redeemed the voucher before it ceases to be valid.
(6) Should the organiser of the package become illiquid, insolvency proceedings be opened against its assets or a petition to commence insolvency proceedings be rejected for lack of assets, travellers may demand an immediate refund of any advance payments made from the customer deposit insurer referred to in the package contract pursuant to Article 250 section 6 (2) no. 3; the provision of section 651r of the Civil Code applies to that extent. If the customer deposit insurer has limited its liability for the total amounts to be refunded within the course of one business year to 110 million euros and has, therefore, only satisfied the traveller’s claim on a pro rata basis in accordance with section 651r (3) sentence 4 of the Civil Code, then the traveller may, on the basis of the travel voucher, demand repayment of the remainder of the advance payments from the Federal Republic of Germany. The traveller must provide proof of the amount of the refund which has already been received. If the Treasury satisfies the traveller’s claims, then claims against the organiser of the package and the customer deposit insurer transfer to the Treasury. In all other cases, the Treasury may make the refund dependent on the traveller assigning, to the Treasury, any claims to a refund against a third party which are not covered by sentence 4.
(7) In view of the additional state protection afforded to the voucher under subsection (6) sentence 2, the Federal Republic of Germany may levy a guarantee premium from the organiser of the package.
(8) The Federal Government is authorised to regulate, by way of statutory instrument not requiring the approval of the Bundesrat, details concerning the refund procedure and the levying of guarantee premiums.
(9) The Federal Ministry of Justice and Consumer Protection is the competent agency as regards the refund referred to in subsection (6) sentence 2 to sentence 5. The Federal Ministry of Justice and Consumer Protection may delegate this task to the Federal Office of Justice. The Federal Ministry of Justice and Consumer Protection or the Federal Office of Justice may avail itself of the services of suitable third parties in the fulfilment of its tasks. In the context of the fulfilment of these tasks, the task of effecting payment is also transferred to the agency competent for the refund procedure in its capacity as agency competent for payments in accordance with section 70 of the Federal Budget Code (Bundeshaushaltsordnung). Should the competent agency avail itself of the services of a third party in the fulfilment of its tasks, it may also, in its capacity as agency competent in accordance with section 70 of the Federal Budget Code, delegate to that third party the effecting of payment. The necessary provisions of the Federal Budget Code and the implementing provisions issued in relation to them are to be applied accordingly to that extent. Further details are determined in agreement with the Federal Ministry of Finance.
(10) The organiser of the package may only rely, vis-à-vis the retailer, on the package contract which was sold no longer existing if the organiser is required to pay out the value of the travel voucher.
Section 7
Interference with the basis of the transaction in relation to rental and lease contracts
(1) Where, as a consequence of government measures to combat the COVID-19 pandemic, leased land or leased premises which are not residential premises cannot be used for the tenant’s operations or only with significant restrictions, the presumption is made that a circumstance within the meaning of section 313 (1) of the Civil Code which became the basis of the rental contract has significantly changed since the contract was entered into.
(2) Subsection (1) applies accordingly to lease contracts.