BGH judgment: Preliminary power penalty must be explained transparently!

BGH judgment: Preliminary power penalty must be explained transparently!

Leinfelden-Echterdingen, Deutschland - A judgment of the Federal Court of Justice (BGH) of May 20, 2025 causes a sensation among consumers and credit institutions. The decision, file number XI ZR 22/24, concerns the calculation of prepayment earnings for real estate loans. What initially seemed without a chance was interpreted by the BGH as a clear message to the banks: prepayment earnings may only be requested if the basis for this is presented in the contract, as Anwalt.de reported.

What is it about? A bank customer who had accepted a real estate loan of over 135,000 euros decided to pay his residual debt prematurely. The bank charged him with a prepayment penalty of 7,600 euros, which the customer paid with reservation. Later he complained to repayment, not as unusual, as Beck.de

judgment of the BGH raises the predecessor judgment

The Higher Regional Court of Celle had initially decided in favor of the bank and considered the clause to be sufficiently transparent for calculation. However, the BGH did not follow this judgment, but raised it. The judges found that the bank had violated its information obligations and that the contractual clause was incomprehensible. According to the BGH, the evidence to the calculation method, which was based on the difference between the contractual interest rate and the re -enhancement return, was not sufficiently presented, as well as consumeranwalt-online.de

The highest authority also emphasized that a gross explanation of the calculation bases must be made when the contract was concluded. A subsequent note is not enough. In particular, the so-called active-passive method must be explained in a comprehensible manner. If you as a borrower do not know exactly how much you have to pay in early repayment, you should take a closer look at your contracts, the lawyers advise you

What does that mean for consumers?

For consumers, this judgment brings light into the dark and strengthens its rights. Prepayment earnings are not uncommon, especially for long -term loans such as mortgages. These fees are charged if borrowers terminate their contract prematurely - the bank believes in the loss situation through lost interest income. As the legal basis shows, these compensation can only be requested if they are legally clarified at the latest when the contract is concluded.

Anyone who deals with prepayment earnings should understand the calculation: a difference between the agreed interest rate and the current market interest rate is used, as well as the remaining term of the loan and the remaining loan amount. Borrows have the right to question this calculation at any time and to object. Negotiations with the bank to reduce compensation are also possible.

A good hand when concluding a loan contract can prevent future problems with high prepayment earnings. If you are unsure, you should have your contract documents checked thoroughly and take legal help if necessary. Consumers now have more backing to defend themselves against non -transparent clauses.