• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

BGH decides on the permissibility of fees for Paypal/immediate bank transfer

7. November 2022
in Law on the Internet, Online retail
Reading Time: 3 mins read
0 0
A A
0
elektronischer handel
Key Facts
  • The Federal Court of Justice allows companies to charge fees for Sofortüberweisung and PayPal if they do not apply to other payment methods.
  • The plaintiff, Zentrale zur Bekämpfung unlauteren Wettbewerbs, found a violation of Section 3a UWG and Section 270a BGB.
  • The Regional Court initially upheld the claim, but the Court of Appeal later dismissed it.
  • The plaintiff's appeal was unsuccessful; the defendant did not violate Section 270a BGB.
  • The fee charged is not for the use of the means of payment, but for additional services.
  • Additional services include credit checks and informing the payee of the results.
  • The prohibition under Section 270a BGB does not prevent the charging of a fee for additional services.

The German Federal Supreme Court today ruled that companies may charge their customers a fee for payment via Sofortüberweisung or PayPal if the fee is charged solely for the use of these payment methods and not for any related use of a direct debit, bank transfer or credit card.

Content Hide
1. Facts of the case and progress of the proceedings to date
2. Decision of the Federal Court of Justice
2.1. Author: Marian Härtel

Facts of the case and progress of the proceedings to date

The plaintiff is the Central Office for Combating Unfair Competition. The defendant organizes long-distance bus tours and advertises them on the Internet. It offers its customers four payment options, namely payment by debit card, credit card, Sofortüberweisung or PayPal. When choosing the payment methods “Sofortüberweisung” and “PayPal”, the defendant charges an additional fee depending on the respective fare.

The plaintiff considers this to be a violation of Section 3a of the German Unfair Competition Act (UWG) in conjunction with Section 270a of the German Civil Code (BGB) and is claiming injunctive relief against the defendant.

The district court upheld the claim(see this post for more information). On appeal by the defendant, the Court of Appeals dismissed the case (see this blog post).

Decision of the Federal Court of Justice

The plaintiff’s appeal, which was allowed by the Court of Appeal, was unsuccessful. The defendant did not violate § 270a of the German Civil Code by charging an additional fee for payment via Sofortüberweisung or PayPal.

Pursuant to Section 270a Sentence 1 of the German Civil Code (BGB), an agreement that obligates the debtor to pay a fee for the use of a SEPA core direct debit, a SEPA business-to-business direct debit, a SEPA credit transfer or a payment card is invalid. For the use of payment cards, pursuant to Section 270a sentence 2 of the German Civil Code, this shall only apply to payment transactions with consumers to which Chapter II of Regulation (EU) 2015/751 on interchange fees for card-based payment transactions is applicable.

If the payment method “Sofortüberweisung” is chosen, a transfer from the customer’s account to the recipient’s account takes place. This is a SEPA credit transfer within the meaning of Section 270a sentence 1 of the German Civil Code (BGB), even if this credit transfer is not initiated by the customer but by the operator of the “Sofortüberweisung” payment service on behalf of the customer. However, according to the findings of the Court of Appeal, the fee demanded by the defendant when the “Sofortüberweisung” payment option is selected is not demanded for the use of this transfer, but for the involvement of the payment initiation service, which provides further services in addition to initiating the payment. For example, it checks the payer’s creditworthiness and informs the payee of the result of this check so that the payee can provide its service before the payment is received.

Even if the payment option “PayPal” is chosen, a SEPA credit transfer or a SEPA direct debit within the meaning of Section 270a sentence 1 of the German Civil Code (BGB) or a card-based payment transaction within the meaning of Section 270a sentence 2 of the German Civil Code (BGB) may occur if the payer’s PayPal account does not have sufficient funds and must be topped up by a credit transfer, direct debit or credit card charge. However, also in this case, according to the findings of the Court of Appeal, the defendant does not charge its customers for the use of these means of payment, but solely for the involvement of PayPal, which processes the payment from the payer’s PayPal account to the recipient’s PayPal account by transferring e-money.

However, the charging of a fee for additional services shall not be precluded by the prohibition of agreeing on a fee for the use of a direct debit, bank transfer or payment card within the meaning of Section 270a of the German Civil Code.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BankBghBlogConsumerCredit cardDebtorFederal courtinternetLawsuitRegulationservice

Weitere spannende Blogposts

Attention when downloading and using photos

ECJ: Advocate General assesses sampling as copyright infringement
10. April 2019

For this reason, I would also like to refer here in the blog a brief reference to the so-called Cordoba...

Read moreDetails

Online services: Don’t forget the cancellation button!

Online services: Don’t forget the cancellation button!
14. November 2022

Since July 1, 2022, companies operating in Germany (not only resident!!) must offer the so-called cancellation button on their websites....

Read moreDetails

Influencer: LG Munich decides against the Court of Appeal and other regional courts

Legal form as an influencer? A few hints!
29. April 2019

The 4th Chamber of Commerce of the District Court of Munich I today dismissed the action brought by the Association...

Read moreDetails

BGH on gaing property right of stolen works of art

No more free tissues at the pharmacy?
19. July 2019

The V. Civil Senate of the Federal Court of Justice, which is responsible, inter alia, for claims arising from property...

Read moreDetails

LG Cologne: Influencer jurisdiction also for discounts

Frankfurt district court a.M. softens influencer jurisdiction
7. November 2022

In the meantime, you can find a large number of posts on my blog about being an influencer and the...

Read moreDetails

Why legal compliance will help your business succeed: A Competitive Advantage You Shouldn’t Ignore

Why legal compliance will help your business succeed: A Competitive Advantage You Shouldn’t Ignore
30. March 2023

Introduction Legal compliance is a critical factor that can set your company apart from the competition. At a time when...

Read moreDetails

When does a project employee become an employee?

Employer may not force home office
22. July 2019

The problem Often enough, I have preached to clients and also here on the blog that one should not underestimate...

Read moreDetails

Online retail: Discount on cash and cash equivalents little known in Germany not allowed

Online retail: Discount on cash and cash equivalents little known in Germany not allowed
25. April 2019

The Landgericht Berlin has ruled that a company may not charge a fee for payment by credit card or instant...

Read moreDetails

Right of withdrawal for sales of blockchain content

Right of withdrawal for sales of blockchain content
22. December 2022

Content from blockchain providers in particular, be it coins of various kinds, utility tokens, security tokens or NFTs, is generally...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

In this exciting episode of the itmedialaw podcast, we take a deep dive into the legal developments that will shape...

Read moreDetails
247f58c28882e230e982fa3a32d34dea

Digital sovereignty: Europe’s path to a self-determined digital future

8. December 2024
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024
d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung