The BGHS Vienna awards a borrower 2,100 euros including interest since payment. The Consumer Protection Association (VSV) has so far supported over 1,500 borrowers in Austria in reclaiming loan processing fees for consumer loans.
The first judgment from the Vienna District Court for Commercial Matters (BGHS Vienna) has just been received. The court awards a borrower from Erste Bank the repayment of this fee in the amount of 2,100 euros, including interest since the payment date. The judgment is not final.
The court first reasons – with reference to the case law of the European Court of Justice (ECJ) – that the loan processing fee is not a main service that cannot be verified, but rather an ancillary service whose effective agreement can certainly be verified.
Furthermore, the court sees the fee as grossly disadvantageous and non-transparent. The result: The clause is ineffective and the payment of the fee therefore has no contractual basis and can therefore be reclaimed.
“This ruling encourages us to enforce reimbursement of these fees against their banks for all consumers who register for our collection campaign,” says Daniela Holzinger, chairwoman of the VSV.
The VSV operates together with lawyer Mag. Robert Haupt LL.M. and the litigation financier, dP die Präzisionsfinanzierer GmbH, to reclaim the loan processing fees, a collection campaign which borrowers can join via the VSV website: Service: www.verbraucherschutzverein.eu/kredit
The lawsuits are – through legal protection insurance or the litigation financier – without any cost risk for the consumer; Requirement for participation: Membership in VSV (€40 per calendar year)