Time Limits on Challenging Unlawful Bank Fees: The BGH Offers Clarity
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In the past, banks and savings banks have been known to charge unlawful fees. Following a BGH ruling in 2017, many customers were able to reclaim their money, but the key question was always – up until when? The BGH has now provided clarification on this matter.
In a landmark ruling, the Federal Court of Justice (BGH) outlined the time limit for bank customers to reclaim unlawfully charged account fees. According to the Eleventh Civil Senate in Karlsruhe (Case No.: XI ZR 45/24), the standard limitation period of three years applies from the year-end when the claim arose. The key takeaway? It doesn't matter when customers became aware of the invalidity of the corresponding clauses.
The BGH decision stemmed from a model declaratory action brought by the Federation of German Consumer Organizations against Berlin Sparkasse. The Sparkasse's general terms and conditions included a so-called approval fiction clause, which implied that changes to account fees became effective if customers didn't object within a specified period. The BGH deemed this practice unacceptable in April 2021, stating that changes to a bank's general terms and conditions are ineffective when they rely on implied consent.
Taking Action: A Step-by-Step Guide on Getting Your Money Back
After the BGH's 2021 ruling, numerous bank customers were able to reclaim overcharged fees. However, there was initial confusion regarding the deadline for filing claims for repayment. Consumer centers advocated for the limitation period to begin when consumers became aware of the clause's invalidity – at the very latest, with the 2021 ruling. The BGH did not endorse this view, stating that knowledge of consumers about the clause's invalidity is not necessary to trigger the limitation period.
Instead, the BGH emphasized that the limitation period should be calculated from when the claims arose. Since there was no legal ambiguity regarding the validity of these approval fiction clauses, consumers potentially could have filed a lawsuit before the BGH's 2021 decision. The critical factor is the time when the claims were generated.
Source: ntv.de, awi/dpa
- Federal Court of Justice
- Consumer Protection
- Savings Banks
- Banks
- Court Decisions
- Legal Questions
- Unlawful Bank Fees
- In light of the BGH's clarification, community members who believe they have been subjected to unlawful bank fees from savings banks or traditional banks should prioritize vocational training on understanding their community policy and the time limits for filing claims, especially since the standard limitation period of three years applies from the year-end when the claim arose.
- As businesses operating in the financial sector, banks and savings banks must take note of the BGH's ruling on unlawful bank fees and vocational training for their staff might involve understanding the court decisions related to consumer protection, ensuring adherence to the given limitation periods, and avoiding the use of questionable general terms and conditions in their business practices.
