A class action against loan fees.
Percentage-based or excessive processing fees in loan agreements are inadmissible according to the Austrian Supreme Court. Attorney Dr. Oliver Peschel reclaims them in one bundle: you join, he runs the case.
No obligation. Also for loans repaid long ago.
- Up to 30 years back
- Limitation period, repaid loans included
- Fee plus 4% interest
- for the past three years is claimed
- Private loans
- Consumer, housing, foreign-currency and mortgage loans
- Your case
- Your numbers
- Legal insurance
- Documents
- Your details
Step 1 of 4
What the Supreme Court has ruled
Charging twice does not stand.
OGH: WSK Bank, Santander, BAWAG, UniCredit
In cases against WSK Bank and Santander Bank, the Austrian Supreme Court struck down a typical clause: a one-off processing fee of four percent of the loan amount. On top of that, the bank charged collection expenses of 75 euros, transfer expenses of 15 euros plus postage and printed forms, in other words charges for exactly the work loan processing covers anyway. Charged twice, therefore intransparent, therefore inadmissible.
Two further judgments go even further: against BAWAG, the court held in 2025 that percentage-based processing fees are generally inadmissible, for instance 1.5 percent of the loan sum. Against UniCredit Bank, a fee fell simply because it was set too high.
Judgments like these turn into money: before the Commercial Court of Vienna, the firm recently recovered 10,260 euros from BAWAG for one client (1 R 73/26w) and 4,950 euros in processing fees from UniCredit Bank Austria (50 R 51/26w).
The firm assumes that this affects all loan agreements containing additional charges around the loan origination, excessive fees or percentage-based fees. Whether yours is among them is what the free initial assessment shows.
What did your bank charge? Do the maths.
Many banks charged up to 4 % of the loan amount as a processing fee. Enter your loan amount and the calculator instantly shows the sum that may be at stake for you.
This figure is a non-binding estimate. What your contract actually contains is clarified by the free initial assessment.
Example: up to 4 % of a 250,000 euro loan comes to 10,000 euros
On top of that, proceedings claim 4 % interest for up to three years.
Have this amount reviewed
Your attorney
Attorney Dr. Oliver Peschel
Founder of DeineRechte.at, litigator and university lecturer: he reviews your loan agreement personally before any proceedings start.
The road into the collective proceedings
The judgments were issued against individual banks, but their reasoning hits every comparable clause. The firm therefore bundles similar cases from all over Austria into collective proceedings.
- Step 1
Join the collective proceedings
You submit the form. To start, all that is needed are your details, the loan agreement and, if applicable, the policy number of your legal expenses insurance.
- Step 2
Confidential review
The firm's team checks free of charge whether your agreement meets the requirements: an inadmissible fee clause and a loan taken out privately.
- Step 3
Bundled enforcement
If your case fits, the team at Peschel & Partner Rechtsanwälte takes over the claim against your bank, through to judgment or settlement.
Insurance or litigation funder: you bear no cost risk
If you have legal expenses insurance, the firm submits a cover request to your insurer and settles the costs there. Without insurance, a litigation funder covers all lawyer and court fees on request, in exchange for a share if the case succeeds. In both variants your risk stays at zero. If you would rather fund the proceedings yourself, that is possible too: then you keep the full amount if the case succeeds, but you bear the cost risk.
What the firm’s clients say
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Roman Rab
Von Anfang bis zum Schluss top betreut. Man muss sich um absolut nichts kümmern und bekommt am Ende seine Glücksspielverluste zurück. Kann Dr. Peschel nur jeden ans Herz legen, der Glücksspielverluste hinnehmen musste.
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Alexander Blunder
Sehr gut strukturierte und hilfsbereite Anwaltskanzlei! War sehr zufrieden mit der Kommunikation und der gesamten Arbeit.
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Leo Albrecht
Kompetenter Rechtsanwalt, hat mir zuviel bezahlte Gebühren zurückgeholt. Durch die Zusammenarbeit mit einem Prozesskostenfinanzierer ohne eigenes finanzielles Risiko. Empfehle allen die davon betroffen sind dies prüfen zu lassen.
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Alexander Zimmermann
Absolut top. Wurde professionell im Zuge einer Sammelklage betreut und beraten. Von Anfang bis Ende hat die Kommunikation ausgezeichnet funktioniert. Ich kann Herrn Peschel nur weiterempfehlen.
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Martin Wieser
professionell, kommunikation top, man wird über jeden wichtigen Schritt informiert, kann Dr. Oliver Peschel jedem bedinungslos weiterepfehlen, und kann mich nur noch einmal verbindlichst bedanken
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Baki Sevinc
Dank Herrn Dr. Oliver Peschel habe ich einen Teil meiner Verluste wieder zurückbekommen. Bin sehr dankbar.
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Jozsef Penjov
Schnell, effektiv, super kommunikation und natürlich erfolgreich gewonnen.
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fabian garstenauer
Top Team, dass sehr kompetent auftritt und immer Rückmeldung, bei Anfragen gibt.
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Gueorgui Tchakarov
Sehr gut!
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Raphael Sabitzer
Einfach nur spitze!!!
Frequently asked questions about the collective proceedings
Who handles my enquiry and how do the collective proceedings work?
The team at Peschel & Partner Rechtsanwälte handles your enquiry without obligation and checks in strict confidence whether you qualify for the collective proceedings. If you meet the requirements, the law firm Peschel & Partner Rechtsanwälte represents you in proceedings to recover the amounts you overpaid. The initial review is free of charge.
Does the loan agreement have to be in my name?
Yes, the loan must be in the name of the person who wishes to instruct the firm.
Can the bank terminate my loan agreement if I sign up?
Terminating your loan solely because you may be reclaiming wrongly charged fees is not legally permissible.
Can I sign up if I took out the loan for my business?
No, you can only sign up if the loan was taken out as a private individual (consumer loan, housing loan, foreign-currency loan or mortgage loan), not for business purposes.
Is it a problem if I have no legal expenses insurance?
No. The firm cooperates with litigation funders who assume the entire cost risk in exchange for a share of the proceeds.
Could my legal expenses insurance refuse cover?
If you took out a mortgage loan to buy a plot of land or an apartment, or to build a house, your insurer may invoke the so-called owner-builder clause (Bauherrn-Klausel) and refuse cover. In that case the same applies as without insurance: a litigation funder steps in.
Which limitation period applies?
A 30-year limitation period applies to the recovery of loan processing fees. Even if the loan has already been repaid, the fees can be reclaimed within this period.
Is interest claimed as well?
Yes, the claim covers the processing fee plus 4% interest for the past three years.
Which documents do I need to send?
At first only the details in the form, your loan agreement and, if applicable, the policy number of your legal expenses insurance. Everything else follows by email.
Which banks are affected?
There are currently judgments against BAWAG, UniCredit, WSK Bank and Santander Bank. The reasoning of these judgments carries over to other banks: if your loan agreement contains a high or percentage-based processing fee, or one topped up with additional charges, recovery may be an option.
Can I sign up if the loan has already been repaid?
Yes. What matters is the agreement, not whether it is still running. Recovery is possible even for loans that have already been repaid, as long as the claims are not time-barred; the limitation period reaches back up to 30 years. So feel free to take the old agreement out of the folder.
How long do collective proceedings against the bank take?
That depends on whether the bank is willing to settle or lets it come to a judgment. Settlements are often concluded after a few months, contested proceedings take about a year, and individual cases can take longer still, for instance if appeals are filed. You are kept informed of every significant step.
Take your loan agreement out of the folder
One look inside is often enough: if it lists a processing fee, the free initial assessment is worth it. You find out in advance whether recovery is an option for you.
Get your free check now