Judicial Review of Standard Business Terms in Payment Services Contracts in German Law

Sebastian Omlor; Hans Wilke

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Chapter 4 Judicial Review of Standard Business Terms in Payment Services Contracts in German Law

In: Protecting Financial Consumers in Europe

Authors:

Sebastian Omlor

Sebastian Omlor
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Hans Wilke

Hans Wilke
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Type:: Chapter

Pages:: 82–102

DOI:: https://doi.org/10.1163/9789004534391_006

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Abstract

This chapter offers an overview of German case-law regarding payment services contracts. In particular, it provides a useful taxonomy of the most frequent disputes arising in connection with cashless payments in Germany. The chapter’s major claim is that while German courts have been cautious in policing the content of payment services contracts, the Supreme Court jurisprudence overstepped its authority in 2021, by declaring the established practice of amending payment services contracts unlawful and creating considerable legal uncertainty.

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Protecting Financial Consumers in Europe

Comparative Perspectives and Policy Choices

Series: Comparative Law in Global Perspective, Volume: 3

Cover Protecting Financial Consumers in Europe

E-Book ISBN:: 9789004534391

Publisher:: Brill | Nijhoff

Print Publication Date:: 15 Feb 2023

Subjects
- International Law

Front Matter

Part 1 Consumer Protection across Different Financial Products

Part 2 Foreign Currency Loans in Europe

Part 3 Financial Ombudsman Bodies and Consumer Protection

Part 4 The Way Forward: Building Consumer Protection through Financial Education

Back Matter

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Chapter 4 Judicial Review of Standard Business Terms in Payment Services Contracts in German Law

Abstract

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Protecting Financial Consumers in Europe

Comparative Perspectives and Policy Choices

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