Posts tagged #loan
All PostsCJEU on Early Loan Repayment Fees
European LawThe European Court of Justice has recently ruled on a claim for the partial reimbursement of the commission paid in the event of the early repayment of a mortgage loan. In the case at hand, a consumer had taken out a mortgage for a period of 360 mont...
GER: No Income Tax Liability on Loan Cancellations
Civil LawAccording to the German Federal Finance Court (Bundesfinanzhof, hereinafter BFH), receiving compensation for a consumer loan agreement after its cancellation does not trigger income tax. The couple in the case at hand had taken out a loan in 2008 to ...
OGH: Absorption Proceedings and More Debt
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled: If, as agreed, a loan does not become due until the end of the absorption proceedings (Abschöpfungsverfahren[1]), there is no breach of obligation within the meaning of Sec...
GER: Charges for Early Loan Repayment
Civil LawAccording to the Higher Regional Court of Frankfurt am Main, so-called flat-rate bank charges in connection with early loan repayments can only be applied if consumers are given the opportunity to show that the bank has suffered lower or no damages. ...
G: Repayment of early repayment penalty paid to bank
The Federal Court of Justice (Bundesgerichtshof, BGH) rejected a bank's appeal against non-admission and upheld the judgment of the Higher Regional Court (Oberlandesgerichts, OLG) of Frankfurt am Main in the dispute over prepayment penalties. The rig...
BFG on hidden profit distribution
Tax LawIn legal dispute 1, according to the prosecuting authority, a "loan was granted at the expense of the corporation without any customary content (no contract formulated in detail in writing, no agreement on interest, no collateral, handover in a car p...
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