In October 2021, the consumer association Verbraucherzentrale Hamburg e.V. brought a claim against Commerzbank AG before the Regional Court of Frankfurt for an injunction against the use of clauses in the General Terms and Conditions of Business with which so-called custody and credit balance fees (among other things) were introduced and charged on savings deposits in new and existing customer business. The Frankfurt Regional Court had initially largely upheld the claim (judgment of 18.11.2022, ref.: 2-25 O 228/21). Commerzbank AG, which we represented in both instances, filed an appeal against the ruling in December 2022. In today’s appeal judgment (case reference: 3 U 286/22), the 3rd Civil Senate of the Higher Regional Court of Frankfurt upheld Commerzbank AG’s appeal, amended the judgment of the Regional Court of Frankfurt and dismissed the action brought by Verbraucherzentrale Hamburg e.V. in its entirety.
Representing Commerzbank AG
Ettrich: Dr. Frank Findeisen