On July 20, 2026, a ruling of the Regional Court of Freiburg became known that declares two premium increases of ARAG Krankenversicherung from 2018 formally invalid. The policyholder who sued gets €1,232.04 back, plus interest and the benefits the insurer derived from the money.
Such rulings are often reported in shortened form. So first the most important classification: the court did not decide that ARAG premium increases are invalid in general. The case was about two specific adjustment letters and the reasons given in them.
What the court decided
| Point | Content |
|---|---|
| Court | Regional Court of Freiburg |
| Became known | July 20, 2026 |
| Insurer | ARAG Krankenversicherung |
| Subject | two premium adjustments from 2018 |
| Result | both adjustments formally invalid |
| Reason | the letters did not explain the adjustment sufficiently |
| Repayment | €1,232.04 plus interest and derived benefits |
| Later adjustments | the increases from 2019 and 2021 were considered sufficiently justified |
| Status | not yet final |
| Reference | full text not yet publicly available |
The point on later adjustments is remarkable in itself: the same insurer gave insufficient reasons in some cases and sufficient reasons in others in the same years. This shows exactly what this dispute is about.
A word on the sources, because it matters for the classification: the full text of the ruling is not yet publicly available. We therefore deliberately do not give a case number and will add the reference as soon as it is available. The legal line behind it, however, has been well documented for years, and that is what counts for your own case.
Why an increase can be formally invalid
When a private health insurer adjusts the premium, it has to give reasons under § 203 VVG. In 2020, the Federal Court of Justice clarified which requirements apply: the policyholder must be able to see from the letter which calculation basis triggered the adjustment. This means the insurance benefits or the mortality rates.
A letter that only refers in general terms to rising health costs and medical progress does not meet this requirement. The consequence is formal, not a matter of content: the increase does not take effect as long as the reasons are missing. If the insurer later provides them correctly, the adjustment takes effect from that point.
For policyholders, this means: the amount you can claim back usually covers the period between the invalid adjustment and a valid new justification or a later increase with correct reasons. This is why the sums awarded are usually in the three- to four-digit range and not above.
What the ruling does not mean
From our advice, we know the expectations that such news creates. Three points belong to an honest classification:
- No free pass. What was invalid were the reasons given in two letters, not the premium adjustment as such and certainly not every ARAG adjustment.
- Not yet final. The insurer can appeal to the next instance. Until then, the ruling is a decision on an individual case.
- Your premium does not fall permanently. If you claim back successfully, you get premiums you paid too much refunded. The current premium is not affected once the insurer has given proper reasons afterwards.
How to check your own adjustment letter
What always matters is the specific letter you received. The question is: does it clearly name the relevant calculation basis?
You need these documents:
- the policy document and all addenda
- the plan documents for your plan
- all adjustment letters of past years
- your premium statements as proof of the premiums you actually paid
Many policyholders no longer have all their adjustment letters. The insurer is obliged to give you copies. An informal request is enough.
Whether your documents really show a claim is a legal assessment. As an insurance broker, we review the contract and plan side and tell you openly if going to a specialized lawyer is the better way.
The bigger lever lies elsewhere
In our advice, we see again and again that claiming back old premiums gets attention but hardly changes the monthly premium. If you want lasting relief, you have two more effective tools:
- The right to change plan under § 204 VVG allows you to switch to a similar plan of the same insurer, keeping your ageing reserves and without new health questions for your previous scope of benefits.
- A plan optimization looks at the deductible, modules and plan generation together. This is where the amounts arise that you notice in everyday life.
Both are possible regardless of whether an old adjustment had formally correct reasons.
Conclusion and outlook
The Freiburg ruling confirms a line that the Federal Court of Justice has set since 2020: a premium adjustment needs reasons that show the relevant calculation basis. If they are missing, the increase does not formally take effect.
For the privately insured, this does not lead to a general statement but to a concrete task. Check your own adjustment letters instead of relying on headlines. How the premiums of your insurer have developed in recent years is shown for ARAG and the other insurers in our overview of premium adjustments.
Whether the ruling stands will only be decided at the next instance. We will update this news item as soon as anything is known.
