Almost all loan agreements can be revoked - European Court of Justice

  • Erstellt am 2020-03-27 22:26:06

Joedreck

2020-03-29 17:16:20
  • #1

Your opinion... nothing more, nothing less.
 

guckuck2

2020-03-29 17:25:01
  • #2


In case of revocation, aren't the benefits granted to each other always to be refunded?
 

Isokrates

2020-03-29 17:26:59
  • #3
Indeed, and it just so happens to coincide with the principles established by the BGH regarding the revocation of real estate loans. But feel free to tell me about your fantastic successes with this law firm that will turn the entire case law upside down.
 

Andre77

2020-03-29 17:35:20
  • #4
Just checked the photovoltaic loan from January 2020 and there is also the reference to §492, and also for another loan within the last 14 days again the reference to §492. Both different institutions. Unfortunately, there is nothing to be read about this anywhere for the real estate loan.
 

Joedreck

2020-03-29 18:16:21
  • #5

Well, I did not rely on the law firm...
Apart from that, the CJEU can certainly overrule the BGH.
And let’s not kid ourselves, even in the highest instance, rulings from lower courts are often overturned. And there is always some lawyer who thinks that...

If I were affected, I would dare to try. Why not? Unfortunately, you have to be careful. Many legal expenses insurances only cover the factual instances.
 

Isokrates

2020-03-29 18:28:12
  • #6
Yes, the case law in Germany sometimes produces strange results, especially under the influence of the [EuGH].

In my previous comment, I only addressed the existing handling of a loan revocation. This handling is not affected by the current ruling of the [EuGH].

Only the question of whether a revocation is possible was raised by the decision. Incidentally, the successful lawyer who initiated the appeal does not even know whether his client can now successfully revoke the contract. We will now have to await the judgment of the regional court and whether it will be appealed to the next higher court, which is likely to be the case.

But it is true that this ruling at least now opens up a certain scope for negotiation for borrowers that was not there before and may possibly no longer exist after the ruling is published.
 

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