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BGH ruling: Reclaim unlawful account fees by the end of 2025!
Customers can request a refund of fees charged unlawfully. BGH ruling clarifies deadlines and rights until December 31, 2025.
BGH ruling: Reclaim unlawful account fees by the end of 2025!
An important court ruling by the Federal Court of Justice (BGH) on June 3, 2025 has caused a stir among savings bank customers. Many of them may have paid unlawful account fees and are hoping to get their money back. But quick action is required: Reimbursement claims must be made by December 31, 2025 at the latest. Otherwise, they will expire irrevocably, which particularly applies to claims from 2022.
According to Ruhr24, the reclaim claims are particularly valid for fees that were collected without the active consent of the customers. These relate to various fees such as account management fees, fees for deposits and withdrawals, costs for SMS-TAN procedures and other items that are based on ineffective clauses. However, customers who have given their consent cannot request a refund.
Important steps for recovery
What needs to be done to get the money back? The consumer advice center has published clear instructions in four steps:
- Durchsicht der Unterlagen auf unwirksame Klauseln.
- Nachverfolgung von Vertragsänderungen seit 2021.
- Berechnung der zu Unrecht gezahlten Beträge.
- Kontaktaufnahme mit der Bank mittels eines Musterbriefes.
Banks are obliged to provide a fee statement - this means that customers should have a good overview of their payments. Another important detail is that the limitation period for the reclaim begins with the approval of the account closing, not with the knowledge that the clauses are invalid. However, the regulations on repayment claims do not only apply to savings banks, but are also applicable to accounts at other banks, as Ververbraucherzentrale reports.
Legal background and bank reactions
The legal framework is also clearly defined. The BGH has once again made it clear that price increases must be due to ineffective clauses so that customers can demand money back. Silence on the part of customers as consent is not permitted. The consumer advice centers have already filed model declaratory actions against some institutions in order to substantiate the rights of consumers.
In the recent past, some banks have responded to refund demands by terminating their accounts, which is legally permissible. Nevertheless, the possibility of reclaiming the fees remains unaffected, as Konsumerzentrale Niedersachsen points out.
Whether you are at Sparkasse or another bank, it is definitely worth taking a close look at your own account transactions. Anyone who has paid fees that may not be legal could get their money back. Remember: the clock is ticking and recovery steps should be taken by the end of the year!