BGH ruling brings clarity: savings banks have to pay interest!

BGH ruling brings clarity: savings banks have to pay interest!

The decision of the Federal Court of Justice (BGH) in Karlsruhe has brought a ray of hope for many savers in Brandenburg. On December 9, 2025, the highest court confirmed judgments against the Sparkassen Barnim and Spree-Neiße, which were part of the model declaratory actions filed by the Brandenburg Consumer Center. These lawsuits concerned the use of ineffective interest rate adjustment clauses in so-called premium savings contracts offered in the 1990s and 2000s. The savings banks are now obliged to recalculate the interest and make corresponding additional payments to the affected customers, ending a years-long wait for clarity.
barnim-aktuell.de reports thatThe Brandenburg Higher Regional Court had already decided in May 2024 that a transparent interest calculation should be required for savers. Consumer advice centers had successfully filed similar lawsuits nationwide, which meant that the Federal Court of Justice also ended the long journey of such proceedings.

The model declaratory action against Sparkasse Barnim was filed on November 9, 2021, followed by a second lawsuit on July 15, 2022 against Sparkasse Spree-Neiße. In total, around 300 consumers have filed suit against Barnimer Sparkasse and around 400 against Spree-Neiße Sparkasse. These lawsuits came from a feeling of injustice, because the interest rates that savers were supposed to be contractually guaranteed for years were often adjusted unilaterally and in a non-transparent manner, which led to enormous losses for consumers.
Brandenburg Consumer Centerhighlights that this gave rise to complaints for many, as the long duration of the contracts was not sufficiently taken into account. Consumer support is also active: The savings banks will contact the affected customers, but anyone who does not hear from their bank by the end of February 2026 should contact the consumer advice center.

Developments and reactions

The consumer advice center welcomed the final judgments, but also criticized the fact that the long-term nature of the savings contracts was not factored into the courts' considerations in a helpful enough way. However, customers who have already reached a settlement with the savings banks cannot take part in the model declaratory actions. It is also important that consumers who want to assert financial claims should definitely keep an eye on the deadlines. After termination of the contract, the right to additional payments expires after three years, which makes the situation even more complicated.
tagesschau.de informs thatThe banks' basic interest rate adjustment systems are unsustainable. Unilateral interest rate adjustments that are disadvantageous for savers must not be made without further ado.

In addition, there is also an ongoing model declaratory action against Sparkasse Märkisch-Oderland due to insufficient interest payments, which shows that the trend towards more transparency and fair interest rates in the industry is gaining momentum. The first hearing in this case took place on January 18, 2023 and the verdict was announced on March 26, 2025, but is not yet final. Given the wide reach of these lawsuits, around 15,000 consumers nationwide took part in the proceedings, which underlines the importance of this topic.

For savers in Brandenburg, the current situation is both a challenge and an opportunity. While many are hoping for additional payments, it remains tense to see how the banking landscape will develop as a result of these rulings. It remains to be hoped that consumers will actively inform themselves about their rights and take advantage of the support of consumer advice centers.
In the meantime, anyone interested in reviewing their contracts can ensure they take timely action to enforce their rights.