Rejection of Alternative Legal Recourses for the Customer The court also addressed why the defendant was not obligated to pursue other, more drastic legal actions before reducing the bill. Contract Termination It would be unreasonable and contrary to the principle of good faith (Treu und Glauben) to expect the defendant to terminate the contract and leave the restaurant. The court noted the practical impossibility of finding another establishment that could provide a “lunch in the literal sense” for a group at 3:30 PM on Christmas Day. Setting a Deadline The defendant was not required to set a formal deadline for the restaurant to serve the food with a threat of refusal. According to the court, this step was rendered futile because the plaintiff, by their own account, was not in a position to deliver the main courses any earlier, a situation covered by BGB § 634 Abs. 2. V. The burden of proving the meal’s defect-free quality The judicial decision issued by the District Court of Auerbach (AG Auerbach) on 31 May 2002, Case 3 C 883/01, concerns a dispute over payment for a meal — specifically a serving of Sauerbraten (marinated roast beef) with side dishes — amounting to 7.06 euros. The court first confirmed that there is no minimum threshold for filing such a claim, but ultimately dismissed the action and ordered the plaintiff, the restaurant owner, to bear the costs of the proceedings. The decision was based on the finding that the plaintiff had failed to prove, beyond a reasonable doubt, that the red cabbage (Rotkraut) served was free from defects, particularly with respect to the allegation that it had been overcooked. The court classified the underlying catering agreement (Bewirtungsvertrag) as a contract governed by the law of works and services (Werkvertragsrecht). The dispute began on 12 August 2001, when the defendant, accompanied by guests, dined at the plaintiff’s restaurant and ordered various dishes and beverages, including a portion of Sauerbraten with red cabbage and Klöße(dumplings) for himself, priced at 13.80 Deutsche Marks. Dissatisfied with the quality of the meat and red cabbage, the defendant complained to the waitress and declined to eat those items, though he did not contest the dumplings. Upon settling a XXXI
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