Legal advice on contracts

Questioner

I have a business Vodafone contract that was tacitly renewed on June 10. I was deregistered from the Chamber of Commerce on July 1. I now use my subscription privately. Vodafone says that the notice period is 3 months for business contracts. Now I have read that if I can demonstrate that my current contract is comparable to a consumer contract, then that will apply for 1 month again. Is this correct? If so, how can I demonstrate this?

Lawyer

Because you acted in the exercise of your business, the Dam Act does not apply in principle. It may apply if you invoke the reflex effect of Article 6:236 section j BW. You would then have to demonstrate that you are materially comparable to a consumer. In doing so, you must demonstrate that the subscription falls outside the scope of your professional activities (See, for example, the cases ECJ 14 March 1991, NJ 1993, 590 and LJN: BV0794, Utrecht District Court, 300268 / HA ZA 11-152).