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On March 25, 2021, The German Federal Supreme Court (
Bundesgerichtshof,
BGH) ruled on appeal that certain transaction surcharges for the use of payment services offered by online payment service providers Sofortüberweisung, part of the Klarna Group, and PayPal do not violate the prohibition on surcharges for SEPA payment transactions.
1
PSD2), which was transposed into German law by Section 270a of the German Civil Code (
Bürgerliches Gesetzbuch,
BGB). The judgment is therefore of interest not only for Germany, but for the entire EU payment services market.
In the appeal case brought before the BGH, the claimant, a consumer protection organization, had originally filed for a cease and desist order against the defendant, a long distance bus operator, for an alleged violation of the ban on surcharges. As a means of payment, customers of the defendant could choose between payment by debit card, credit card, Sofortüberweisung and PayPal. For the latter two, the defendant w
January 14, 2021
In 2020, the COVID-19 pandemic taught the world another lesson about the unpredictability of life. Each country responded to the challenges posed by the pandemic in its own way. The German Government in its familiar technocratic and sober approach quickly unlocked massive financial resources to mitigate any immediate economic damage. It supported a further relaxation of the purse strings at EU level and put legislative acts in place that helped manage the uncertainty in the most affected industries for now. Hit by a second wave of the pandemic in an unexpectedly hard way, Germany is now left wondering whether the country really was smart in the spring or just lucky. The new year 2021 will provide the answer to this question.