The plaintiffs from September 2004 to February 2008 an apartment of the Defendants in Bautzen rented. Adjacent to the apartment water meter was not calibrated in the years 2006 and 2007. The applicants consider that the determined by the instrument readings are unusable according to § 25 para 1 sentence 1 No. 1a EichG * and the defendant therefore be charged on the cost of water / waste water should not set in the appropriate operating expense reports. This is apparent in the light of the advance payments made with a credit of € 134.09 for the year 2006 amounting to € 222.83 for the year 2007. The defendants claim that the water meter was working properly, so no need for the applicants 2006, € 496.53 and pay extra for the year 2007 was € 154.79.
In the lawsuit, the plaintiff by the defendant in addition to repayment of the deposit and the payment of the in their view, requires credit resulting from the operating statements for the years 2006 and 2007 (a total of € 1,117.77). The defendants have said the alleged claims for additional payment to offset operating costs. The district court has upheld the complaint. On appeal by the defendant, the district court amended the verdict and dismissed the action in the amount of € 377.62.
The directed against Revision of the plaintiff was unsuccessful. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Federal Court held that under the utility bill alone is relevant that the actual consumption is accurately reproduced. Are the set in the utility bill consumption levels on the reading of a calibrated measuring device speaks a presumption of fact that these values reflect actual consumption. To be read by a non-calibrated gauge values is the presumption of correctness does not apply. set out in this case, the landlord and prove that the readings are accurate. Manages the owner of this evidence is a use of the measured values § 25 para 1 no 1a EichG prejudice. According to the findings of the Appellate Court of proof by submitting a certificate was out of a nationally recognized testing laboratory, indicating that the measurement tolerances were met.
* § 25 EichG: Persistence of Custody
(1) It is forbidden to
first Instruments for the measurement
a) the length, area, volume, mass, thermal or electrical energy, thermal or electrical power, the flowrates of liquids or gases, or the density or the levels of liquids,
b) (...)
uncalibrated in trade used or so into the stables that they can be taken without special preparation in use
Case of 17 November 2010 - VIII ZR 112/10
AG Bautzen - Case of 30 June 2009 - 21 C 1010/08
LG Bautzen - Case of 30 April 2010 - 1 S 87/09
Source: Press Release No. 221/2010 dated 17/11/2010 the press office of the Federal
Source: © Rainer Sturm / PIXELIO http://www.pixelio.de/
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Source: © Rainer Sturm / PIXELIO http://www.pixelio.de/
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