Since 2025 the Supreme Court (OGH) has been checking these fees strictly. In most cases it decided: the processing fee (Bearbeitungsgebühr) was illegal and must be paid back.
Padronus explains the process, the costs and why the bank sometimes still wins.
Free and without obligation, about two minutes on your phone.
Four rulings of the Supreme Court. Twice the customers got the fee back, once part of it, and once the bank won. We explain why.
Decision of 23/10/2025
The loan took the bank 20 to 23 hours of work. For €20,850 that would be over €900 per hour. The fee is far higher than the bank’s costs and had to be paid back.
Result: repayment, plus 4% interest for three years.
Full text in RISDecision of 23/10/2025
There were also charges for inspection, valuation, land register check and escrow. It was not clear which fee was for what. Because of this unclear breakdown, the bank had to pay back the processing fee of €12,150.
Result: the fee was paid back.
Full text in RISDecision of 19/02/2026
The processing charges were not explained in detail and could overlap with the valuation. So it was unclear whether the valuation was already part of the processing fee and the bank had charged it twice. The valuation fee itself was clearly named and matched 3.5 hours of work. That is why the bank had to pay back the processing fee, but not the valuation fee.
Result: €4,800 back, €1,600 not. After more than 20 years.
Full text in RISDecision of 25/02/2026
The bank charged a fixed amount and stated what it was for: processing, credit check, documents. For 20 to 23 hours of work, €999.95 is less than €50 per hour. The Supreme Court found that reasonable.
Result: the bank was allowed to keep the fee.
Full text in RISLoan from 2018
Real statement from a Padronus case, names blacked out for data protection. How much you get back depends on your contract.
Similar fees, different results: it depends on the contract.
That is why Padronus has every contract checked individually by a partner law firm.
Each step shows who does it.
You only have to act twice.
Routing slipFile KBG
Quick check on your phone: loan amount, bank, contact. About two minutes, no documents yet.
Right after the request or later via the link by text message and email: you sign the powers of attorney (Vollmachten) and the contract with Padronus and upload your ID and loan agreement. A photo of the page with the fees is enough.
How is the fee worded, how high is it, which other fees are listed next to it? The check costs you nothing.
The law firm claims the fee back from the bank, in court if necessary. Padronus pays for the lawyer and the court.
If the bank pays, we transfer the amount to you minus 35%. If nothing comes back, you pay nothing.
How long it takes depends on the bank. A lawsuit takes longer than an agreement.
Padronus is a litigation funder (Prozessfinanzierer) from Vienna, founded in 2018 by Richard Eibl and Julius Richter. Read more about our cases in Der Standard, ORF, Die Presse, profil, Kronen Zeitung, Heute, Die Zeit, Bild, heise online, Legal Tribune Online and Trending Topics.
The fee was usually 1 to 3% of the loan amount. In half of our court cases it was below 1.66%, in the other half above. For a home loan of €250,000, 1.66% would be about €4,150. On top of that comes 4% interest for the last three years. If successful, Padronus keeps 35%, the rest is yours.
Under current law, the claim for repayment only becomes time-barred 30 years after the payment. The Supreme Court, for example, ordered a fee from a 2005 loan to be paid back. However, the 4% interest is only paid for the last three years.
Yes. It does not matter whether the loan is still running, already paid back or refinanced. What counts is whether the fee was wrongly charged at the time.
The Supreme Court has ruled on home loans and on consumer loans, so also on car and personal loans. There is no decision on leasing yet. In the quick check, choose “Other loan”.
The case law applies to all banks in Austria; what matters is the clause in your contract. We hear particularly often from customers of Erste Bank and Sparkassen, Wüstenrot, Oberbank, Raiffeisen, Volksbank, BAWAG and Bank Austria. Padronus also has loans from Hypo banks and BKS Bank checked.
No. Tens of thousands of borrowers in Austria are reclaiming their processing fee; for the bank this is everyday business. And the bank knows the Supreme Court rulings: it should not have charged these fees. Your loan stays as it is; reclaiming the fee is no reason to terminate it.
No. The Supreme Court has upheld low amounts close to the bank’s actual workload, as well as clearly defined clauses. Land register (Grundbuch) and notary costs are not bank fees and cannot be reclaimed. It depends on your contract.
For home and building loans, often not. Many policies exclude such disputes, and the Supreme Court confirmed such an exclusion in 2026. With Padronus you do not need insurance.
One person is enough for the request. The second person signs the power of attorney later, so the law firm can act for both of you. The repayment belongs to both of you.
Send the request anyway. You can ask your bank for a copy. We will tell you how.
The partner law firm represents you and writes all the court documents. If the court wants to hear you in person, the law firm will let you know in good time. This rarely happens.
Then consumer protection does not apply, and the rulings so far concern private loans. Reclaiming the fee is much harder. But if you financed an investment flat (Vorsorgewohnung) before you rented it out, you may still count as a consumer.
Roughly how high was your loan? One tapOne click, and the quick check starts with the next question.
