Wed. Sep 25th, 2024
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Vorfälligkeitsentschädigung aus einem Darlehensvertrag: Schlussanträge des Generalanwalts am EU-Gerichtshof in der Rechtssache C-536/22 VR Bank Ravensburg-Weingarten
28 September 2023
Donnerstag, 28. September 2023
Schlussanträge des Generalanwalts am Gerichtshof in der Rechtssache C-536/22 VR Bank Ravensburg-Weingarten
Vorfälligkeitsentschädigung aus einem Darlehensvertrag
Zwei Personen schlossen im Januar 2019 mit der VR Bank Ravensburg-Weingarten einen Immobiliar-Verbraucherkreditvertrag zum Zweck des Erwerbs einer Eigentumswohnung ab. Der Sollzinssatz des Darlehens ist nach dem geschlossenen Vertrag bis Januar 2029 gebunden.
Der Vertrag enthält Bestimmungen über die vorzeitige Rückzahlung und die Vorfälligkeitsentschädigung.
Mit Kaufvertrag vom 19.05.2020 veräußerten die Personen die vermietete Immobilie und kündigten den Darlehensvertrag zum 30.06.2020. Die VR Bank Ravensburg-Weingarten teilte ihren Vertragspartnern mit Schreiben vom 09.06.2020 die von ihr bei vorzeitiger Rückzahlung des Darlehens zum 30.06.2020 geforderte Vorfälligkeitsentschädigung mit. Die Betroffenen bezahlten diese Vorfälligkeitsentschädigung. Mit Schreiben vom 19.04.2021 forderten sie die VR Bank Ravensburg-Weingarten jedoch zur Rückzahlung der Vorfälligkeitsentschädigung auf und machen mit einer Klage vor dem Landgericht Ravensburg die Rückzahlung dieses Betrags geltend.
Die VR Bank Ravensburg-Weingarten setzt dem die Rechtsprechung des BGH entgegen, welcher zufolge ein Kreditgeber Anspruch auf den unmittelbar mit der vorzeitigen Rückzahlung zusammenhängenden Schaden habe, wenn der Darlehensnehmer zum Zeitpunkt der Rückzahlung Zinsen zu einem gebundenen Sollzinssatz schulde.
Das Landgericht Ravensburg möchte nun vom Gerichtshof wissen, ob der unionsrechtliche Begriff der „angemessenen und objektiven Entschädigung für die möglicherweise entstandenen, unmittelbar mit der vorzeitigen Rückzahlung des Kredits zusammenhängenden Kosten“ dahingehend auszulegen ist, dass die Entschädigung auch den entgangenen Gewinn des Kreditgebers, insbesondere die ihm infolge der vorzeitigen Rückzahlung entgehenden zukünftigen Zinszahlungen erfasst.
Generalanwalt Campos Sánchez-Bordona legt heute seine Schlussanträge vor.
Details
- Date:
- 28 September 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-536/22 VR Bank Ravensburg-Weingarten
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg - Phone
- +35243031
Organizer
- EU Court of Justice
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