BGH judgement of 16 September 2022

In its judgement of 16 September 2022, published on 7 November 2022, the Federal Supreme Court (BGH) ruled that if, in a condominium complex with different equipment for recording consumption, the proportional consumption of one or more user group(s) has not been pre-recorded with a separate heat meter, contrary to § 5 (2) sentence 1 of the Heating Costs Ordinance (HeizkostenV aF), the billing of heating costs is generally in accordance with proper administration if the consumption is determined by way of a mathematically correct calculation of the difference, taking into account the determined consumption data. It was not possible for the V. Civil Senate to make its own decision on the merits of the case because further findings by the Court of Appeal were required (§ 563 para. 3 ZPO). In the course of this, the case was referred back to the Düsseldorf Regional Court for a new hearing and decision, including on the costs of the appeal proceedings. BGH, Judgment of 16 September 2022, V ZR 214/21