A recent ruling by the Higher Regional Court of Frankfurt am Main has mandated that banks actively inform their customers regarding the invalidity of a clause within their general terms and conditions. The case, announced Monday, specifically concerns a provision previously used to charge storage fees on savings deposits.
The court’s decision stipulates that the bank must now directly notify affected customers through postal mail or email. This decision follows a prior ruling by the Federal Court of Justice, which had definitively prohibited the bank from continuing to utilize the contested clause. The current ruling concerns the remediation of the past practice.
The court reasoned that many customers, particularly older individuals, may not readily access or understand online notifications concerning legal changes. Therefore, direct communication is deemed necessary to ensure widespread awareness.
The bank has been granted a two-month timeframe to inform customers following the receipt of a pseudonymized contact list. The obligation applies solely to customers holding traditional, unlimited-term savings deposits containing the invalidated clause. The responsibility remains in effect even in instances where the bank might claim statutory limitation periods.