After AK Lawsuit: These BAWAG Customers Are Now Getting Money Back

The Supreme Court (OGH) has deemed the setting of a loan processing fee of 1.5 percent of the loan amount as impermissible: The fee, which is calculated as a percentage, is based solely on the loan amount. In the most unfavorable interpretation for the customer, this leads to a significant exceedance of the processing costs incurred by the bank in certain situations. For the same reason, the OGH also considered the bank's percentage-calculated fees for interim financing and revolving loans as impermissible.

How BAWAG Customers Get Money Back

The agreed solution between AK and BAWAG covers all BAWAG and easybank consumer loans where the processing fee was calculated as a percentage. Fees for processing, interim financing, and revolving loans can be reclaimed retroactively for up to 30 years. The refund is granted regardless of whether the loan is still active or has already been repaid. Individuals with repayment claims can register them by March 31, 2026, via an online form on the BAWAG website. Customers have the option to decide whether the amount should be credited to the loan account or transferred to a checking account. The refund varies depending on the type of loan: For consumer loans, the processing fee is fully refunded. For mortgage and real estate loans, the repayment is staggered and depends on the fee amount. Customers also receive a flat-rate interest payment. Special regulations apply to brokered loans.

OGH Ruling: Charge for Issuing a Deletion Receipt Impermissible

The OGH has determined that the fee charged by the bank for issuing a deletion receipt is not permissible. After the full repayment of the loan, the bank must bear the costs for issuing deletion receipts according to legal requirements. This OGH decision has effects beyond the specific case: In the future, banks are generally not allowed to charge fees for issuing deletion receipts. Borrowers who have paid fees for a deletion certificate in the past can reclaim them. A sample letter from the Chamber of Labor supports the reclaim process. Details, sample letters, and the OGH ruling can be found here.

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