No price increase if you waive a refund for account management fees that are too high?
- Court makes verdict
Created: 02/15/2022, 09:51 am
Volksbank lettering: The district court of Stuttgart decided today whether it is permissible for the Volksbank Welzheim to waive an increase in fees if the bank customers in return waive a claim for reimbursement because of excessive bank fees.
© Marijan Murat/dpa
A Federal Court of Justice ruling on the fee practice at banks has led to customer claims for reimbursement worth millions.
The district court of Stuttgart is now deciding in a groundbreaking case.
Stuttgart – The Stuttgart district court wants to announce a judgment on Tuesday (February 15, 1 p.m.) in the dispute between the consumer center* Baden-Württemberg and the Volksbank Welzheim (Rems-Murr district).
The core of the complicated dispute is the retrospective reimbursement of account management fees.
The Federal Court of Justice (BGH) made a groundbreaking judgment on this last year.* The core issue was whether banks should be allowed to increase fees without the express consent of their customers.
The top federal judges found this action unlawful, triggering a flood of restitution claims.
Welzheimer Bank: Dispute over account management fees
In the specific case, the Welzheimer Volksbank had offered around 7,000 customers not to raise their account management fee if they waived the reimbursement of fees.
Otherwise, the termination of the account is threatened.
A customer did not want to accept this and turned to consumer protection.
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As an expert from the consumer advice center said, it was the first judgment in Stuttgart after the fundamental decision of the Federal Court of Justice.
In April 2021, he decided that the previous practice of increasing fees by banks* was not legal.
According to the judges, changes in a bank's general terms and conditions are invalid if they only take effect on the basis of tacit consent.
A customer must actively say yes to a fee increase in order for it to be legal.
(
dpa/utz)
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