Rechtsprechung

  • Rechtssachenbeschreibung
    • Nationale Kennung: Regional Court, Judgment 74 O 19/18
    • Mitgliedstaat: Deutschland
    • Gebräuchliche Bezeichnung:N/A
    • Art des Beschlusses: Gerichtsbeschluss im Rechtsmittelverfahren
    • Beschlussdatum: 08/11/2018
    • Gericht: Landesgericht
    • Betreff:
    • Kläger:
    • Beklagter:
    • Schlagworte: unfair terms, unlawful practice, terms and conditions, fees, nullity, notification, refund, injunction, information obligation, economic interests, collective action, cessation order, consumer rights, consumer rights organization, financial services
  • Artikel der Richtlinie
    Injunctions Directive, Article 4 Injunctions Directive, Article 4, 3.
  • Leitsatz

    ECLI:DE:LGHANNO:2018:1108.74O19.18.00


    A savings and building loan bank may not demand an annual account fee from its customers for the provision of the right to a building loan.

  • Sachverhalt

    The defendant, a savings and building loan bank, informed its customers about changes to the contractual conditions in several building saving tariffs. The customers were to pay an annual account fee of EUR 18. In return, the Bausparkasse would provide "all the services required to obtain the right to an interest-safe building loan".

    The plaintiff, The Federation of German Consumer Organisations filed a complaint against that introduction of an annual account fee.

  • Rechtsfrage

    The main legal issue is whether a savings and building loan bank is entitled to charge an account fee for the administration of funds for building purposes and the evaluation and awarding of building loan contracts, which are essential tasks to which a savings bank is legally and contractually obliged.

  • Entscheidung

    Pursuant to article 307 paragraph 3 sentence 1 BGB the Court (Landgericht) found that an account fee disadvantages the building loan customers unreasonably, as there is no actual compensation for them and is, therefore, ineffective.

    Volltext: Volltext

  • Verbundene Rechtssachen

    Keine Ergebnisse verfügbar

  • Rechtsliteratur

    Keine Ergebnisse verfügbar

  • Ergebnis

    The First Instance Court (Landgericht) ruled that a savings and building loan bank may not agree an annual account fee of EUR 18 in its general terms and conditions for the savings phase. Such regulation is invalid under article 307 paragraph 3 sentence 1 BGB, as the payment is not matched by any service for the customer.

    The savings and building loan bank was condemned to cease using that account fee and had to inform the customers accordingly of the invalidation as well as refund the account fees paid by consumers.

    Published in December 2018: The judgment is not yet final. The Bausparkasse has the possibility to file an appeal against it before the court of appeal (OLG Celle)