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

  • Erstellt am 2020-03-27 22:26:06

Yaso2.0

2020-04-30 11:08:21
  • #1
So, my second inquiry to the Sparkasse has also been answered. From the letter:

...The Federal Court of Justice (BGH) has now ensured a quick clarification with two landmark decisions dated 31.03.2020 and ultimately ruled in favor of the German credit institutions (BGH, XI ZR 198/19 and XI ZR 581/18). In these decisions, the BGH explicitly clarified that the judgment of the European Court of Justice (ECJ) does not apply to loan agreements concluded in Germany....

.....Due to the landmark decision of the BGH dated 31.03.2020, it is now clear that consumers in Germany cannot derive any rights of withdrawal from the ECJ judgment of 26.03.2020.


So, the issue of withdrawal is probably settled?!
 

nordanney

2020-04-30 11:24:52
  • #2
Looks like it. Finally some peace again.
 

aero2016

2020-04-30 14:14:12
  • #3

That is the opinion of the Sparkasse legal experts. And currently more like a minority opinion, at least judging by the mood on the net (which of course is not representative).
 

Maschi33

2020-04-30 14:45:39
  • #4

You are welcome to sue. The court will certainly take the sentiment online into account in its judgment.
 

Evolith

2020-04-30 15:05:36
  • #5
There will only be a real clarification when someone files a lawsuit accordingly. What was conveyed as an opinion should not be taken too seriously but rather as a rejection by the Sparkasse. Only an official judgment is decisive.
 

K1300S

2020-04-30 15:09:53
  • #6
It is interesting that the BGH claims that the ECJ is not responsible for this, which the latter explicitly affirmed in its reasoning. It remains exciting ...
 

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