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Court ruling: Berliner Sparkasse increased fees not permitted
Millions of customers could be affected by possible repayments as the court declares Berliner Sparkasse's fee increases to be inadmissible. Other savings bank customers could follow. #Refund #Fees #Consumer Protection
Court ruling: Berliner Sparkasse increased fees not permitted
Berliner Sparkasse recently received a judgment against it, which ruled that the increase in fees for current accounts since 2016 was inadmissible without the active consent of customers. Consumer advocates filed the lawsuit before the Berlin Court of Appeal, and the decision could have far-reaching effects on customers of other savings banks.
As a result of the ruling, customers of Berliner Sparkasse could expect repayments as soon as the ruling becomes final. The consumer advice center criticizes the fact that the savings bank has increased the fees several times without obtaining consent, for example by switching from a 'Comfort current account' to a 'Giro flat rate' with a unilateral monthly fee increase of three euros.
Although the court considers the lawsuit to be well-founded, claims for repayments that arose before 2018 were declared time-barred. The consumer advocates are now examining an appeal and argue that the limitation period should only begin when the customer becomes aware of the facts, as was confirmed by the Federal Court of Justice in a 2021 ruling.
In addition to customers of Berliner Sparkasse, the ruling could also affect other savings bank customers. A similar lawsuit against Sparkasse Köln/Bonn is currently on hold pending the outcome of the Berlin case. Customers are entitled to a refund if the bank's terms and conditions state that customers agree to the changes if they do not object within two months. Despite possible refund claims, the consumer advice center points out that banks could close the accounts after a claim has been made.