German court orders farmer to repay biogas firm over maize crop and harvest work

The Higher Regional Court of Brandenburg (OLG Brandenburg) in Germany ruled on 10 June 2026 that a farmer must pay a biogas company for an overpaid advance, as well as for harvesting and ensiling maize. The case concerns contracts between farmers and energy companies that buy maize for biogas production.

The contract and the dispute

The farmer sold an agricultural biogas company the harvest from 160 hectares of fresh maize. The parties initially assumed 4,800 tonnes. The price depended on dry matter content and was capped at 39.60 euros net per tonne. Delivery to the biogas plant was agreed, and the company paid an advance of 74,900 euros gross.

In practice, 1,317.86 tonnes reached the plant. The company also counted another 122.8 tonnes taken from a different silo. On the basis of 1,440.66 tonnes, it calculated a purchase price of 61,043.64 euros gross and claimed repayment of the overpayment. It also demanded 29,924.18 euros for harvesting and ensiling the maize.

Court decisions

The Neuruppin Regional Court largely upheld the claim. It reasoned that the contract should be interpreted like advance payments under contracts for work, so the overpaid portion could be reclaimed. The farmer appealed, arguing that the court wrongly applied contract-for-work law, that the silo maize was not part of the sold crop, and that no payment had been agreed for work in 2023.

The higher court left the ruling in place. It found that the contract for chopping and ensiling maize is a contract for work, since it aims at a specific result. The company's commission was undisputed, and the farmer's simple denial that the work was done was not sufficiently substantiated. Because the parties had not agreed on the fee, the customary rate applies. The court held that the company is owed 32,640.27 euros gross.