Düsseldorf Regional Court: Impression of SEPA Account Rejection Is Anti-Competitive
In a recent ruling, the Düsseldorf Regional Court decided that even the impression a company rejects foreign SEPA accounts constitutes anti-competitive discrimination. An actual rejection is therefore not necessary. This ruling highlights the importance of correctly handling SEPA payments for companies. It also underscores the need for careful communication with customers.
Background to the Case
The case concerned a consumer with a magazine subscription. The customer asked the company to collect charges from his Lithuanian account. The defendant responded by requesting a new SEPA direct debit mandate.
Furthermore, the company stated that direct debits could only be collected from German accounts. This communication was ultimately decisive for the court’s decision. Although the company had not actually rejected the direct debit, the court considered the wording of the reply to be in breach of the SEPA Regulation.
Violation of SEPA Regulation and Competition Law
The Düsseldorf Regional Court judged the company’s declaration as a violation of Art. 9 para. 3 SEPA Regulation. Consequently, this constituted an infringement of competition law.
The decisive factor is whether the consumer receives the impression that only accounts from specific countries are accepted. A de facto steering of consumer behavior by the company is sufficient for this. The infringement of competition lies in the fact that the foreign payment details should have been accepted.
With the e-mail to the customer, the defendant had therefore violated Art. 9 para. 2 of the SEPA Regulation. This provision explicitly prohibits payees from specifying the EU member state in which the payer’s account must be held.
Previous Jurisprudence and the SEPA Regulation
The decision of the Düsseldorf Regional Court is one of a series of rulings. These cases address whether companies may reject foreign SEPA accounts. Both the Federal Court of Justice and the Regional Court of Düsseldorf had previously dealt with this issue.
They consistently classified the restriction to German bank accounts as impermissible SEPA discrimination.
The Core Legal Question
The fundamental legal question that arises is the extent to which companies are obliged to accept foreign SEPA accounts. The SEPA Regulation provides a clear directive: A rejection of foreign SEPA accounts is generally inadmissible.
The recent ruling by the Düsseldorf Regional Court now clarifies this further. Even the mere impression of such a rejection is sufficient to constitute a breach of competition law.
Implications for Companies
Companies must be extremely careful when communicating about the acceptance of SEPA accounts. This decision has far-reaching implications for all companies that accept SEPA payments.
They must ensure that both their actual practices and their communication with customers comply with the SEPA Regulation. Otherwise, they risk warnings or lawsuits for breaches of competition law.
Competitive Disadvantage
Overall, the ruling demonstrates that correct implementation of the SEPA Regulation is not only a legal obligation for companies. It is also a critical question of competitiveness. Customers today expect smooth processing of payments across national borders.
Companies that create obstacles here risk losing customers and putting themselves at a competitive disadvantage.
Fazit
The Düsseldorf Regional Court's ruling reinforces the strict requirements of the SEPA Regulation. Companies must actively prevent any perception of discrimination against foreign SEPA accounts. Proactive compliance and clear communication are essential to avoid legal and competitive risks.