Application Status Remains Pending for Commission Regarding Scheme Under Review
In the world of banking, sometimes unjust fees can sneak their way into your account. Following a landmark ruling by the Federal Court of Justice (BGH) four years ago, many customers have been able to reclaim these charges. But when is the deadline to reclaim refunds? A recent BGH ruling helps shed some light on this matter.
After dealing with the controversy surrounding consent fiction clauses in bank agreements for several years, the BGH has determined the statute of limitations for bank customers seeking reimbursement of unlawful fees. The standard three-year statute of limitations begins from the year the claim arises, as declared by the Eleventh Civil Senate in Karlsruhe (Az.: XI ZR 45/24). This means that it does not matter when customers became aware of the invalidity of the corresponding clauses.
The ruling comes from a model declaratory action brought by the Federation of Consumer Centres against the Berlin Sparkasse. The general terms and conditions of the savings bank contained a consent fiction clause. This clause implied that customers had consented to a change in account fees if they did not object within a specific timeframe. The BGH deemed this practice unlawful in April 2021, stating that changes in a bank's general terms and conditions are ineffective if they only become effective due to implicit consent.
Money Back: When to Act
As a result of the ruling, many bank customers were able to reclaim overpaid fees. However, there was an uncertainty regarding the time-bar for making these claims. The consumer centre pushed to establish that the statute of limitations of three years only starts when consumers become conscious of the clause's invalidity—at the latest, with the 2021 ruling.
Contrary to the consumer centre's view, the BGH did not follow this reasoning. Awareness by consumers of the clause's invalidity is not necessary to trigger the statute of limitations. Since there was no ambiguity regarding the clauses' effectiveness before the BGH's fundamental ruling in 2021, customers could have initiated legal action at an earlier point. What is crucial is when the claims arose.
Source: ntv.de, awi/dpa
- Federal Court of Justice
- Banks and Savings Banks
- Legal Judgements
- Consumer Protection
- Consumer Centers
- Legal Rights
In light of the recent rulings by the Federal Court of Justice, customers of banks and savings banks can reclaim unlawful fees based on their legal rights. Given that the three-year statute of limitations begins from the year the claim arises, it's essential for customers to seek vocational training in understanding their community policy and initiate the process of reclaiming refunds as soon as they become aware of any unlawful fees, even if it predates the 2021 ruling that declared the practices unlawful. Finance plays a crucial role in this matter, as the success of a business relies on adhering to its customers' best interests and maintaining fair business practices.
