Get Your Money Back: A Comprehensive Guide to BGH's Clarification on Statute of Limitations for Unlawful Bank Fees
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Ready to reclaim unlawfully charged bank fees? You're in luck! The German Federal Court of Justice (BGH) has recently ruled on the limits for doing so. Here's what you need to know:
The Statute of Limitations RevealedIn a groundbreaking move, the BGH decided that the regular limitation period of three years for bank fee claims kicks off at the end of the year when the claim arises. No matter when customers discovered the invalidity of the corresponding clauses, this is the rule of thumb.
A Noteworthy CaseThe BGH's ruling came from a model declaratory action brought by the Federation of German Consumer Organisations against Berlin Sparkasse. The Sparkasse's terms and conditions included a 'consent fiction clause' that automatically assigned customer consent to a change in account fees if no objections were raised within a certain timeframe. This practice was widespread among many banks and savings banks. The BGH slammed this practice back in April 2021, deeming such changes in general terms and conditions (GTC) invalid if they only became effective on the basis of tacit consent.
The CatchContrary to popular expectations, the BGH did not side with consumer associations, who wanted the limitation period of three years to only start once consumers became aware of the clause's invalidity, such as following the BGH's 2021 ruling. According to the judges, consumers could have brought an action even before the BGH's ruling, provided there was no uncertain legal situation regarding the validity of those clauses.
Some Crucial Points- The claim for repayment should be initiated within three years from the end of the year when the claim arose.- Consumers don't need to be aware of the clause's invalidity to trigger the limitation period.- Uncertainty about the clause's legality doesn't extend the limitation period.
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The Community policy should reflect the BGH's clarification on the Statute of Limitations for unlawful bank fees, ensuring transparency regarding the three-year limitation period for such claims. Vocational training programs could be beneficial for small business owners, especially in understanding the intricacies of finance and legal issues related to consumer protection.
