A recent ruling by the Higher Regional Court of Frankfurt am Main has mandated that banks proactively inform their customers about the invalidity of a specific clause within their standard terms and conditions. The case, announced Monday, concerns a provision previously used to charge customers storage fees on savings deposits.
The court’s decision follows a prior, legally binding ruling by the Federal Court of Justice (Bundesgerichtshof) which prohibited the bank from continuing to utilize the disputed clause. This latest judgment addresses the rectification of past practices stemming from the previous clause’s use.
The court reasoned that a significant portion of customers, particularly older individuals, might not readily access or understand online notifications regarding the invalidity of the clause. To ensure adequate communication, the bank is now obligated to contact affected customers via postal mail or email.
The bank has been granted a two-month timeframe, following the receipt of a pseudonymized customer contact list, to fulfill its notification duty. The requirement specifically applies to customers holding traditional, open-ended savings deposits where the invalidated clause was incorporated into their contracts. This legal obligation remains in effect even in instances where the bank might previously have invoked limitations due to statutes of limitations.
