Q&A zu den Folgen der BGH-Entscheidung zum AGB-Änderungsmechnismus

As is well known, in a legal dispute between the Federation of German Consumer Organizations (Verbraucherzentrale Bundesverband) and a member bank of the banking association, the German Federal Court of Justice (Bundesgerichtshof, BGH) ruled on April 27, 2021 (Case No. XI ZR 26/20) that the contract amendment clauses with a fictitious consent clause in No. 1 (2) and No. 12 (5) of the General Terms and Conditions for Banks used by the bank are invalid. 

One consequence of the ruling is that in existing customer business it is unclear for both the bank and the customer which charges and versions of the terms and conditions apply if contract amendments should have been established in the past via the - now inadmissible - clauses in No. 1 (2) and No. 12 (5) AGB-Banken. The banking association has therefore developed a "consolidation package" as a non-binding aid, with the help of which legal certainty can be restored in the contractual relationship between bank and customer with effect for the future. 

The webinar will first provide an overview of the consolidation package and then give participants the opportunity to enter into a dialog with the speakers and ask questions. 

The speakers will be Thorsten Höche (Chief Legal Counsel, Managing Director) and Wulf Hartmann (Director) from the Banks Association's Legal Issues Group. 

The webinar is aimed at employees in legal and compliance departments.

Please note, webinar language is German. 

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