Santander has to repay millions: OGH judges inadmissible fees!
Oberster Gerichtshof, Wien, Österreich - On June 2, 2025, the Supreme Court (OGH) once again made a pioneering judgment on the loan processing fees in contracts by Santander Consumer Bank. After this decision, inadmissible fees are repaid, which benefits millions of consumers. According to OTS , over 100,000 contracts are affected. The fees considered unlawful include credit processing fees and non -transparent account management fees.
Specific additional fees such as the annual account dividing, the payment instruction fee or the 12-euro fee were particularly criticized for a burst direct debit. These practices were classified as inadmissible because they are not in accordance with the requirements of consumer protection. The repayment takes place automatically for ongoing contracts and can be requested for loans already paid by using an online form.Details for repayment
The OGH has made it clear in this decision that consumers are entitled to complete repayment. This applies both to the loan processing fees and the relevant account management fees in consumer credit contracts. In the case of ongoing credit contracts, automatic recalculation and correction of the balance for the affected customers are guaranteed. Additional information can be obtained from the set up Santander hotline.
The decision of the OGH is in accordance with previous judgments that confirmed a basic content control of fees. According to kpmg law , flat rate can only be collected if you meet an actual performance. Otherwise, they are grossly disadvantageous and thus ineffective. In this context, the percentage assessment of the loan processing fees now rated as inadmissible is worth mentioning, since it does not correspond to the actual effort of the banks.
situation around other banks
In parallel to the decision regarding Santander, the OGH also declared the processing fees of 1.5 percent on consumer loans inadmissible by BAWAG. The Consumer Protection Association (VSV) is now calling for the repayment of these fees and plans to submit an injunction against BAWAG. Loud Studies Express If the Chamber of Commerce Austria disagrees, it emphasizes that it is an abstract association procedure and that repayments are not automatic.The implementation of these judgments raises further questions, in particular with regard to the practical steps of the banks to repay the fees. While the VSV plans to submit remedy to secure the rights of consumers, the Chamber of Labor and other associations are also looking for solutions to enable the repayments and to support the affected customers.