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German High Court Limits Refund Claims for Unlawful Bank Fees to Three Years

Decided in a case against Berliner Sparkasse, it caps reimbursement claims at three years, risking that many customers will lose their chance to recover improper charges.

Sparkassen-Kunden können immer weniger sparen.
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Overview

  • On June 3, 2025, the Bundesgerichtshof ruled that customers may only reclaim unlawfully charged fees from the past three years under the statute of limitations.
  • The decision follows the April 2021 BGH finding that so-called Zustimmungsfiktionsklauseln in bank terms are unlawful and entitle consumers to fee refunds.
  • A Verivox survey shows just 11 percent of affected customers have filed claims, citing high effort (23 percent), uncertainty over eligibility (21 percent) and low expected returns (14 percent).
  • Studies indicate that at least 40 percent of account holders faced fee increases in the three years before the 2021 ruling, making a large pool of consumers potentially eligible for refunds.
  • Consumer advocates warn that low public awareness and looming deadlines mean many clients must review their annual fee statements and file claims promptly to preserve their rights.