Tuesday, January 27, 2015

BGH: Bank fee for incorrect entries inadmissible – tagesschau.de

BGH: Bank fee for incorrect entries inadmissible – tagesschau.de

Date: 01/27/2015 12:38 clock

Actually a landmark decision to charge extra fees had been expected by the Federal Court on cash at the counter, but to this, did not comment. Nevertheless, the Supreme Court strengthened the rights of bank customers – and for incorrect entries.

Accordingly, banks may after the Supreme Court ruling for its own accounting errors, no fee from the customer charge. A bank had to be payment service “is not entitled to a fee if a payment order is executed incorrectly,” a statement said the Karlsruhe Court. Thus, the 11th Civil Senate declared a lump-sum payment clause of Raiffeisen Bank for bookings of running a private checking account for invalid. Was tilted a provision that a single ‘price per item “sets as part of fee for account management. (Az. XI ZR 174/13).

Gratuitous corrections

A suit of protective association for bank customers to Raiffeisen Bank Gräfenberg Forchheim was successful in the last instance. The bank had a “price per item 0.35 EUR” fixed by notice. This clause applies, ultimately, for bookings resulting from the incorrect execution of a payment order, criticized the Supreme Court. With such a system, the Bank wallow “effort to fulfill their own obligations to their customers off”. A bank must, however, “bring in cases of defective execution of a transaction’s payment account back to the factually correct level”. Such corrections are carried out free of charge.

“Eng broader” decision

Contrary to expectations, the Supreme Court did not decide in its ruling on the admissibility a bank fee for cash deposits into his own bank account and for cash withdrawals. This question was the 11th Civil Division unclear, said a court spokeswoman told Reuters on request. The Supreme Court decision focus ultimately on the question of accounting errors and was thus “very narrow”.

The banking lobby organization German banking industry (DK) said in a brief statement with, they’ll be the decision “taken into account in the pricing of accounting rates”



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