Following the landmark BGH ruling on coaching, who stands to receive their funds, and what methods apply?
Federal Court of Justice Declares Many Online Coaching Contracts Invalid
The Federal Court of Justice (BGH) has ruled that many online coaching contracts in Germany are invalid for providers offering structured distance learning without the necessary state approval. This ruling, made on June 12, 2025, affects providers of online coachings, mentoring programs, and similar digital educational offers that lack official authorization under the Distance Learning Protection Act (FernUSG).
According to the ruling, whenever structured knowledge is imparted, participants are spatially separated from the provider, and there is a learning control, the offer is considered distance learning. This means that a wide range of coaching offers in Germany, regardless of their program's name, fall under the purview of this ruling.
If state approval is not obtained, customers can demand full refunds for amounts already paid. This ruling is based on § 12 FernUSG, which applies to permit-required distance learning. The ruling further states that consent for data processing, including the transfer of certain personal data to third countries, is required in accordance with Art 49 para. 1 lit. a) GDPR.
The BGH's ruling has significant implications for both private customers and businesses. In a specific case handled by the BGH, a business mentoring program for 47,600 euros was found to be invalid due to lack of approval from the Central Office for Distance Learning (ZFU). Many contracts are now at risk due to this ruling, and customers who have been deceived by glossy coaching offers may now have the opportunity to reclaim their money.
Marc Ellerbrock, a specialist lawyer for banking and capital market law, provides advice on how to get their money back. Ellerbrock's advice and tips on the topic are available in an interview on our website. The interview provides concrete steps for those affected to reclaim their money.
State approval by the Central Office for Distance Learning (ZFU) is required for such distance learning offers. If you are unsure whether your coaching contract falls under this ruling, it is advisable to check with the ZFU. Usage profiles may be created and enriched, even outside the EEA, with the integration of the external subscription service provided by "Piano".
Customers who have terminated their contracts and demanded their money back can seek full reimbursement of already paid amounts if the provider does not have the required state approval from the ZFU, making such contracts null and void. The ruling, which is 26 pages long, is available to those with a contentpass subscription.
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