Time Limits for Recouping Unjust Bank Fees: Three Years Post BGH's Decision on Invalid Clauses
Application Status Remains Unknown for Commission Regarding Scheme's Implementation
A recent ruling by the German Federal Court of Justice (BGH) has set the limit for customers to reclaim improperly charged bank fees at three years. This decision clarifies a point of contention following the BGH's ruling four years ago that deemed many banks' account fee practices invalid.
The BGH's ruling pertained to a model declaratory action brought by the Federal Association of Consumer Centres against the Berlin Sparkasse. The Sparkasse had a so-called consent fiction clause, which essentially claimed that customers had agreed to changes in account fees without explicit consent. This practice, common among many banks and savings banks, was disapproved by the BGH in April 2021. According to the BGH, changes in a bank's general terms and conditions (GTC) are invalid if they only become effective due to tacit consent.
While the 2021 BGH ruling enabled many customers to reclaim unjustified fees, it was unclear when the claims for repayment would expire. Although consumer centres sought to assert in court that the statute of limitations would begin only when consumers discovered the invalidity of the clauses, the BGH disagreed.
The BGH stated that the consumers' knowledge of the invalidity of the consent fiction clauses is not necessary to trigger the statute of limitations. Given that there was no doubt regarding the clauses' validity, consumers could have brought legal action concerning these matters before the 2021 BGH ruling. What matters is when the claims arose.
Fighting for Your Money Back: Bottom Line
With the BGH's decision, consumers now have a more definite timeline to reclaim unjustified bank fees in Germany. The statute of limitations starts from the end of the year in which the claim arose, meaning consumers have three years to claim refunds for unlawfully imposed fees, regardless of when they discovered the issue.
Remember, it's always advisable to consult a legal professional for precise advice on the statute of limitations and individual cases.
Source: ntv.de, awi/dpa
- Federal Court of Justice
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With the recent BGH decision on bank fees and the clarification of the statute of limitations, consumer centers are encouraged to provide educational resources on the revised time frame for reclaiming unjustified fees. This information, along with guidance on legal questions related to the issue, can help consumers make informed decisions and expedite the process of seeking refunds for unlawful bank charges.
