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New housing estate in North Rhine-Westphalia (archive)
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Many people use a home loan and savings contract to fulfill their dream of owning a home.
After a period of savings, often with poor interest rates, a loan lures you to a favorable interest rate - and because you have already saved money during that time, the required credit is often lower.
In times of low interest rates, home loan and savings contracts are also interesting as a financial investment.
They are so popular that the banks and building societies have so far been able to charge some lavish acquisition and annual fees in the savings phase.
But that could soon be over after a ruling by the Higher Regional Court in Celle.
Building societies are therefore not allowed to charge any fees for account management, even in the savings phase.
That was decided on Wednesday by the third civil senate responsible for disputes arising from banking law.
The customer gives a loan in the savings phase
A provider had specified a clause in the building society's terms and conditions, according to which an "annual fee" of twelve euros was to be paid for each account.
A consumer protection association sued against this and demanded that this remuneration clause no longer be used.
After the Regional Court of Hanover had already agreed with the plaintiff, the Higher Regional Court of Celle has now rejected the building society's appeal.
It contradicts the legal model of a home loan and savings contract to demand a fee for the account management in the savings phase.
In this phase, the building society customer is the lender who, according to the legal regulation, does not owe any payment for the granting of the loan, the Senate decided.
In addition, the building society manages the building society accounts in its own interest, because it has to receive and record the deposits from all building society savers in an orderly manner.
According to the Higher Regional Court, the building society customer receives just as little benefit from the services of the building society as the whole of all building society savers.
He only gets what can be expected anyway according to the contractual agreements and legal provisions.
more on the subject
Alleged hurdle for small investors: savings banks speak out against advice on a fee basis
The Senate has approved the appeal against this decision because of its fundamental importance.
The Federal Court of Justice (BGH) had already ruled earlier that account maintenance fees in the loan phase cannot be effectively determined by building society savings.
The BGH has not yet made a decision on the savings phase.
File number: 3 U 39/21
apr
