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

  • Erstellt am 2020-03-27 22:26:06

schlckr7

2020-04-20 07:03:06
  • #1
There is no insurance coverage under the legal protection insurance - because the contract was made in connection with a new build. I already thought so. Interhyp said they do not advise anyone on legal matters - but if we are given chances of success by a lawyer specializing in capital law, they would of course be happy to take care of an offer for debt restructuring. I don't think we will pursue this any further. At the moment we have a thousand balls in the air and now also have to conduct a legal dispute against Allianz...
 

Evolith

2020-04-20 09:11:32
  • #2
So our 2 affected contracts were reviewed and the faulty clause was confirmed. However, it was explicitly pointed out that the [BGH] ruling is still pending and until then no concession from the bank is expected. I will still innocently inquire at the bank. Thanks to 24/7 childcare, I haven't gotten around to it yet.
 

K1300S

2020-04-20 11:57:25
  • #3
Which ruling by the BGH is still pending on this matter – and how should it turn out if not in accordance with the EuGH? Ober sticht Unter ...
 

Evolith

2020-04-24 08:57:35
  • #4


In principle yes, but it usually goes like this (according to lawyer): the CJEU issues a ruling, then people in the countries try to implement it, the opposing side refuses, and it comes to a court hearing which then decides according to the CJEU and thus creates a precedent that all parties can then follow.
Conclusion: either you rush ahead and create this case yourself or you wait until someone else does the dirty work for you.
 

guckuck2

2020-04-24 09:24:28
  • #5
To my understanding, a ruling by the CJEU does not create a law that is immediately valid in all countries. Therefore, this does not bring any benefit to the individual consumer at the moment, unless they take legal action. The national courts are bound by the ruling of the CJEU. But that is all for now. Whether a federal government then passes a new law based on a CJEU ruling that applies to everyone ... In any case, the video mentioned at the beginning of the topic and its authors are completely off. It neither applies to "almost all" nor has it any immediate impact. Absolute clickbait and unprofessional behavior by this law firm.
 

Joedreck

2020-04-24 09:24:56
  • #6
A colleague of mine was dealing with the revocation of loan agreements regarding a car. The respective bank dragged out the process until just before negotiations, despite relevant case law. Everyone can consider for themselves why that is allowed.
 

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