In recent years many credit institutions have raised a processing fee in their loan agreements with companies. The BGH has decided that this is an inadequate disadvantage of the contract partner and the clause is therefore ineffective. This now also applies in particular to contracts with property developers. The BGH is thus giving up its original legal opinion, according to which a special case would exist with property developers and therefore the agreement of a processing fee irrespective of the term would be permissible for such contracts.

With its amended case law the BGH has decided that the processing fee charged is also inadmissible for property developers and must therefore be repaid in full.

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