Private Clients
Private Clients
22.7.2021
15:59

Undue increase in account maintenance fees

Millions of customers are now reclaiming their bank charges. But how do they proceed? Those affected should know that now.

Many banks have charged illegal account maintenance fees in recent years. According to a verdict from Federal Court of Justice (BGH), however, this practice is inadmissible, as consumers only had limited opportunity to defend themselves against an increase.

Millions of customers are now reclaiming their bank charges. But how do they proceed? This is what those affected should know now:

Your options

Silence is not consent. Customers can reclaim their account management fees from at least 01.01.2018. This applies to all increases that they have not expressly agreed to. Whether reimbursement will also be made for earlier periods is a matter of individual case.

Our recommendation

File an appeal with your bank as soon as possible, as there may be a statute of limitations towards the end of the year.

Zum Hintergrund

On 11.11.2020, the European Court of Justicethat in the case of a payment service contract between consumers and a payment institution, courts have the opportunity to review the banking clauses for misuse.

Numerous banks, such as Postbank and Sparkassen, have so far informed their customers of planned changes to prices or terms and conditions at least two months in advance. These adjustments were considered agreed if customers did not object.

On April 27, 2021, the Federal Court of Justice made the following ruling (XI ZR 26/20): Bank clauses, price increases or other unfavorable changes have no contractual validity unless customers expressly agree.

We are happy to advise you

Our team of experts will inform, advise and assist you in recovering your account fees.

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Please feel free to get in touch:
Dr. iur. Jan-Michael Rädecke LL.M.
Specialist Attorney for Banking and Capital Markets Law, Specialist Attorney for Tax Law

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