Berlin—Dentons has successfully defended the Association of German Banks in a far-reaching victory against claims for damages in the electronic cash card proceedings before the Berlin Regional Court.

On March 2, 2023, the Berlin Regional Court announced its judgments in 11 lawsuits in connection with the electronic cash system used by the German banking industry. The court confirmed the view of the defendant banks and financial institutions that the plaintiffs had not succeeded in sufficiently demonstrating that they had suffered damages or in quantifying the alleged damages they were claiming. As a result, the Court awarded only a very small portion (less than 1%) of the damages originally claimed.

This highly publicized dispute related to the fees for electronic cash card (EC card/girocard) payments, which were charged to retailers and petrol stations. On the basis of the 2014 Girocard/Electronic Cash decision by the Federal Cartel Office, several retailers and international oil companies sued the German banking industry, claiming damages for alleged price agreements.

A Dentons team from Berlin advised the Association of German Banks on all procedural and substantive aspects of the proceedings. 

"Yesterday's decision by the Berlin Regional Court is a great success for our client and the German banking industry as a whole, not least because the proceedings directly and indirectly affect all banks in Germany," commented lead partner Dr. Jörg Karenfort.

Advisors to Association of German Banks

Dentons (Berlin): Dr. Jörg Karenfort (Partner), Dr. Norman Hölzel (Counsel, both lead), Johanna Weschke (Senior Associate), Patrick Schwentker (Associate, all Competition); Dr. Arne Friel (Partner), Dr. Giannina Kreutz (Counsel, both Corporate/Restructuring).

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