Bausparkassen are not allowed to charge their customers a flat-rate fee such as an annual fee, even during the savings phase. The Federal Court of Justice (BGH) ruled on Tuesday that such a fee puts savers at an unreasonable disadvantage because it means that costs for administrative activities are passed on to them.
The highest civil judges in Karlsruhe declared a clause in the building society savings conditions of BHW Bausparkasse to be invalid, according to which twelve euros a year are due for each account during the savings phase. The Federal Association of Consumer Centers had sued to bring about a fundamental decision. There are similar fees at many other building societies.
In the savings phase, home savers initially pay part of the home savings sum themselves. If the contract is “ready for allocation”, the loan phase begins, in which the customer can take out the remaining amount as a loan. For the loan phase, the BGH had already decided in 2017 that annual account fees are inadmissible.
Announcement of the Federal Court of Justice Judgment of the Celle Higher Regional Court of November 17, 2021 Consumer advice centers on the BHW building society loan conditions procedure, fee in § 17 Stiftung Warentest with assessment of the legal situation Federal Court of Justice judgment on the loan phase of May 9, 2017 Federal Court of Justice judgment on the loan fee of November 8, 2016 Federal Supreme Court ruling on transaction fees of December 7, 2010
