On Monday, the Berlin Regional Court heard the first of several claims for damages against the four central associations of the German banking industry (DK).

Several trading companies, mineral oil companies, as well as Deutsche Bahn and Deutsche Post, are demanding repayments for fees in the former EC cash system (today Girocard) from the central associations of savings banks, cooperative banks and private banks.

The plaintiffs accuse them of illegal price fixing for the EC card fees at the time.

Marcus Young

Editor in Business.

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The drugstore company Rossmann is making the start in the twelve claims for damages that, according to the Berlin judiciary, the civil chamber 16 will be hearing in the coming weeks until December 1st.

The “Lebensmittelzeitung” was the first to report on the case.

Rossmann is claiming damages of 8.5 million euros for the period from December 1, 2004 to March 31, 2014.

In addition, the company's lawyers are demanding that the costs for the out-of-court prosecution and expert opinions be taken over by EUR 180,000.

At the time of going to press for this issue, it was not certain whether the Civil Chamber would make a decision on Monday or set a date for the announcement.

Antitrust proceedings discontinued

The American law firm Hausfeld made the claims of the companies public at the beginning of 2017.

In their opinion, the companies concerned are said to have paid a fixed fee of 0.3 percent of sales, but at least 0.08 euros, to the respective banks for years.

A lower rate applied to gas stations.

In 2013, the Bundeskartellamt expressed “competitive concerns” about the agreements within the DK on the EC cash system that existed at the time and called on the associations to comment.

In April 2014, the competition authorities announced that the associations would give up their "uniform dealer fees".

Since then, the Girocard fees have had to be negotiated.

As a result, the Bonn authorities discontinued their antitrust proceedings against the associations.

The DK referred to this circumstance in the question of possible claims for damages.

"There was never a violation of antitrust law and it was not determined by the Federal Cartel Office either," it said at the time when asked by the FAZ. As the "Lebensmittelzeitung" reported in spring 2022, Norma, Deichmann, Shell, Jet, Esso, Eni/Agip, Deutsche Bahn, Deutsche Post and other companies in Berlin.