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Statute of Limitation regarding photovoltaic installations

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The German Federal Court (Bundesgerichtshof) has recently ruled that warranty claims for certain photovoltaics installations become time-barred after 5 years (Verdict of 02.06.2016 – VII ZR 348/13). In former rulings the court had applied a two-year-period. In both cases the installation was roof-mounted. The different rulings are based on two essential findings: First, in one case the court applied the German law on sale of goods whereas in the other case the court applied the German law on contracts for work. Second, only in the recent case the in-stallation was firmly fixed to the building. In essence, the decisions show that the applicable statute of limitation re warranty claims depends on the question whether the installation is part of the contractual obligations or not, and what kind of photovoltaics are installed in what way.

Singen, 27.06.2016

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