Key decision by the Federal Court of Justice (BGH) on the transferability of claims for information regarding bank charges
The judgment of the Federal Court of Justice (BGH) dated October 2, 2024 (Case No.: XI ZR 111/23) addresses fundamental questions regarding the transferability of claims for information in connection with bank charges to debt collection companies. The ruling is particularly significant for the handling of restitution claims arising from unlawfully charged bank fees and raises crucial questions at the intersection of consumer protection and debt collection practices.
Starting point: Assignment of claims to debt collection service providers
The legal dispute arose from a situation in which consumers had assigned their claims for information against a bank regarding collected fees to a debt collection company. The aim was to make transparent the calculation basis for account fees charged over many years and, in a further step, to enforce possible restitution claims. The bank argued that the claim for information was of a highly personal nature and thus could not be assigned.
Assessment by the BGH
Analysis of the assignability of civil law claims for information
In its published ruling, the Federal Court of Justice initially subjected the question to a differentiated examination as to the extent to which claims for information under Section 675d (3) BGB and accompanying regulations are assignable. Traditionally, for dependent ancillary claims, a close connection to the main claim is often assumed, which may exclude transferability if highly personal rights are affected.
However, the XI Civil Senate made it clear that the claim to information regarding calculated bank charges does not contain an insurmountable personal rights component, either from a factual or legal perspective. This holds especially true as the claim for information refers solely to financial matters, and its assertion generally serves only the effective enforcement of the underlying payment claim.
Contours of the economic interests involved
The court also considered the economic context of the assignment. Especially when numerous consumers are pursuing restitution claims against banks relating to bank charges, the bundling and enforcement of such claims by professional service providers represents a response to structural imbalances. In this regard, the claim for information encompasses a legitimate interest in information, which is generally transferable and serves to prepare the main claim.
Distinction from highly personal legal positions
The BGH expressly pointed out that non-transferability only exists if legitimate personal interests are affected, such as in the case of sensitive data or genuinely personal rights. In the case of claims for information concerning bank charges, such a comparable interest is absent, as these relate to standardized contractual relationships concerning financial matters.
Relevance for the interplay between consumer protection and debt collection services
The decision provides clarity for consumers, banks, and debt collection service providers when handling claims enforcement in mass proceedings. At the same time, it strengthens collective legal protection by enabling the efficient enforcement of assigned claims. With regard to data protection issues, the ruling also enhances legal certainty, provided that assignments remain clearly limited to financial claims for information.
Practical implications for banks and debt collection companies
For banks, this key decision means increased engagement with bundled claims and a greater administrative burden. At the same time, the BGH urges care in distinguishing between genuinely highly personal information and purely informational matters. Debt collection service providers are required, when handling assignments under applicable civil law such as Section 398 BGB, to exercise particular care in clearly defining the content of the assigned claim.
Outlook for further legal developments
Despite the BGH’s clear position, each individual case still requires careful examination as to whether claims for information can be transferred in the context of assignments. This particularly concerns cases in which, in addition to economic interests in information, data protection or personality rights considerations also play a role. Here, future case law will need to be guided by the standards set forth by the BGH.
Notes on ongoing proceedings
It should be noted that special case constellations and the handling of individual contract structures or specific data protection situations may still require in-depth legal examination of the particular circumstances.
Conclusion and contact options
The judgment of the Federal Court of Justice discussed here provides fundamental legal certainty regarding the transferability of claims for information about bank charges and thus marks a significant milestone in the field of collective consumer protection and claims enforcement. For businesses, investors, and private individuals faced with the transfer or enforcement of such claims, nuanced legal issues may arise.
For further legal questions regarding this topic, the Rechtsanwälte at MTR Legal are available as reliable points of contact.
