The Federal court of justice (BGH) protects users of a so-called Basic accounts for low-income people from excessive fees. According to the law, the cost must be reasonable. The banks are not allowed to kill, therefore more effort for the account management, alone, to the holders of basic accounts, as the judges decided, after a complaint of the consumer is Central to the German Bank on Tuesday.
Deutsche Bank may not require from now 8,99 euros for the basic Bank account
A concrete ceiling, you didn’t call. Deutsche Bank may no longer offer its basic Bank account but now for 8,99 Euro a month. The judgment shall also apply for ongoing contracts (Ref. XI ZR 119/19).
In a press release of the BGH stated that the “fee clauses for a payment account with basic features (basic Bank account) are in the traffic with consumers is ineffective, if in the calculation of the fee, the account-holding institution with the leadership of the basis of accounts related overhead solely to the holders of basic Bank accounts killed.”
The Federal court of justice, according to the sense of the basic payment account must not be run to enable even low-income people access to the payments to, “… due to high, prohibitive-looking charges under”. This was in the Deutsche Bank case.
A basic Bank account – what is that, exactly?
people without a regular income have difficulties to open a normal account. And without an account, it is difficult to find an apartment or a job. The basic account is also the social is open to welfare recipients, the homeless or Refugees. You can perform all basic banking transactions: Deposit money and withdraw, transfer funds, arrange for, pay with your card.
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the case of The special is, that the Bank may reject the application for the opening only in a very few exceptional cases. The customer must have logged in no place of residence. It is sufficient if he indicates a contact address, for example, relatives, friends or a Counsellor.
Must have the Bank account to pay?
you may. The basic account does not have to be free of charge. In the law is that the remuneration for the services “must be proportionate”. And: “For the assessment of the adequacy, in particular, the customary market charges as well as the user account of behavior.” This means that in case of doubt, the courts must decide. The financial Supervisory authority, Bafin may instruct banks to reduce the unreasonably high account fees. The consumer organisations criticise the scheme. They fear that people, which, in fact, a basic account is entitled to, are not able to afford in the end simply.
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How much money do the banks require?
This is very different. The Stiftung Warentest has found that the basic accounts have become since the first examination in 2017, the bottom line is more expensive. To Date 1. October 2019 messengers of 124 surveyed banks, only two of the basic account for free. In the case of the most expensive banks, the customer had to pay for in the model bill to more than 200 Euro in the year for the account and its transactions.
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Deutsche Bank, which is now in Karlsruhe, so it is not an isolated case. There price of 8,99 Euro to fall to a month of Extra cost, if the customer requires the assistance of an employee. Then, each Transfer, for example, costs € 1.50.
How to justify the banks in these prices?
The German Bank has attributed, in the process, the account fee corresponds quite exactly to the own costs. According to the money house, the formalities at the opening of the account and dealing with the special customer group are associated with an above-average amount of effort. In addition, there are higher risks: in The basic account, the employee would not have to pay particular attention to the fact that it is money laundering or terror financing would need.
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What do the courts say?
8,99 euros are too much – in the district court and the higher regional court (OLG) in Frankfurt were already agreed. The basic account should not be the cheapest account in the offer, stated 2019, the OLG judges. It all comes down to the average user, and that account would need customers a lot of help, is only half the truth. So many young immigrants firm had in dealing with the Smartphone, and performed their banking transactions independently online. On the accounts of people with little money will not give too much movement. The Bank in an unacceptable manner the costs for the tasks to which they are legally responsible.
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