BHW-Bausparkasse is not allowed to charge an annual fee during the savings phase of home savings contracts. This was recently ruled by the Federal Court of Justice (BGH, AZ: XI ZR 551/21). In the case in question, the Federation of German Consumer Organizations (vzbv) brought an action against the aforementioned building society. The latter had demanded an annual fee of 12 euros from its customers with a home savings account.
Wrongly, as the BGH ruled. The charging of an annual fee during the savings phase of a home savings contract is incompatible with the fundamental ideas of the statutory provisions and unreasonably disadvantages home savings customers, contrary to the principles of good faith. Although the current ruling from Karlsruhe only relates to a contractual clause of BHW-Bausparkasse, it is also considered to be groundbreaking for other building societies. This is because corresponding contractual clauses of other building societies could also be declared invalid.
According to the Association of Private Building Societies, there are around 24 million building savings contracts in Germany and, according to the consumer advice center, "many building societies [...] charge an account fee during the savings phase". Affected customers are now advised by the consumer advice center to reclaim the account fees paid - preferably by registered letter.
Sources: bundesgerichtshof.de/AZ: XI ZR 551/21; vebraucherzentrale.de; bausparkassen.de
© Fotolia
