Bausparkasse withdraws its appeal!

After Debeka Bausparkasse AG withdrew its appeal to the Federal Court of Justice (BGH) against the ruling of the Koblenz Regional Court of 21.11.2019 (Ref.: 8 U 1770/18), it is now clear that the annual “service fee”, which the bank had introduced retrospectively, is invalid and may no longer be charged.

Although there has been no generally binding decision by the Federal Court of Justice on this due to the withdrawal of the appeal, customers of the building society can now make a binding assumption that the lump sum is invalid and reclaim wrongly charged fees.

At the beginning of 2017, the building society had introduced a subsequent fee, the so-called “service fee”, for the “old tariffs” BS1 and BS3. According to this, fees were charged in the amount of 24 euros once a year and 12 euros once a year. The building society cited the permanently low interest rate situation as the reason. The newer contracts, on the other hand, would already take into account the expenses supposedly incurred by the buildiThe newer contracts, on the other hand, would already take into account the expenses supposedly incurred by the Bausparkasse in the tariff structure.ng society in the tariff structure.

The plaintiff was the Consumer Advice Centre Saxony. It was of the opinion that the service fee passed on costs to the consumer that were legally or contractually to be borne by the building society. This was also the original decision of the Regional Court of Koblenz, judgement of 21.11.2019 (Ref.: 8 U 1770/18).

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