Berlin The Federation of German Consumer Organizations (vzbv) is seeking a model declaratory action against the Berliner Sparkasse and Sparkasse Köln-Bonn. The two institutes are among the largest in the savings bank warehouse. In the opinion of the vzbv, they reject “claims for reimbursement for the fees they have wrongly levied”. The savings banks deny violating the law.
With the model declaratory action, the vzbv now wants to clarify a situation that was left open in a ruling by the Federal Court of Justice (BGH) on April 27, 2021. It is about the statute of limitations for claims.
The judgment itself was a great success for the consumer advocates: the BGH had decided that credit institutions must expressly obtain the consent of customers if the general terms and conditions are changed.
Previously, the so-called consent fiction was valid: Those who did not complain agreed. Banks and savings banks announced higher fees and implemented the project if they had not heard from their customers.
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The question of how long consumers could claim account fees retrospectively in this case remained unresolved in the judgment. For the vzbv, the matter is clear: All fees that have been increased or newly introduced without the active consent of the consumer must be reimbursed – regardless of the time of the increase, according to vzbv board member Klaus Müller.
Institute is for “moderate pricing”
However, many bank boards and associations see it differently. They refer to a ruling by the Federal Court of Justice (BGH) from 2016 (VIII ZR 241/15). So does the Berliner Sparkasse. The BGH decided “that prices are valid if customers have not complained about them for more than three years,” said a spokesman for the Berliner Sparkasse. Incidentally, the institute is known for its moderate pricing. The Berliner Sparkasse has not increased the price of current accounts for five years.
The Sparkasse Köln-Bonn argues similarly. “Our last price adjustments were more than three and a half years ago and were already implemented at the beginning of 2018,” said a spokesman. Everything else will show up. “We are waiting for the statement of grounds.”
However, consumer advocates consider the BGH ruling from 2016 to be inapplicable. At the time, the judgment focused on energy supply contracts. The vzbv is based on a decision of the European Court of Justice. According to this, consumers may not be prevented from asserting their claims by statute of limitations. A limitation period of three years, which is linked solely to the payment of wrongly levied fees, would inappropriately limit the reimbursement claims, it is said.
More: Customers have to reclaim bank fees themselves