German Federal Court of Justice decides on invalidity of clauses that assume customer's consent in the event of an amendment to the bank's general terms

On 27 April 2021 the Bundesgerichtshof ruled that the common banking practice of treating the customer's silence in case of announced changes to general terms and conditions after a certain period of time as consent is invalid.

The decision is surprising, and the lower instances had come to a different conclusion, taking the practical consequences for the banks more into account. As a result, numerous banks' general terms and conditions and other general terms and conditions that use this mechanism will have to be adapted.


You can find more details in the press release of the Federal Court of Justice:


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