Doorstep Selling Act: The ECJ Decision

by Johannes Fiala, lawyer Hundreds of thousands of investors in unprofitable investments have the chance to reclaim all interest and redemption payments to date. Many lending institutions have provided sales people with their loan forms in recent years. These salesmen then sold the mortgage-backed loans (or fund shares) to the investors at home. A revocation […]

Junk real estate: What does the European Court of Justice say ?

Scrap real estate judgements of the EuGH (C-299 and C-350) of 25.10.2005* The credit institutes give themselves calmly, while investor lawyers speak euphorically of a ?break-through? The reality looks more modest. The information problem: If an investor compares the comparatively meager interest of safe money plants with the enticing net yields, over investment consultants offered […]

Scrap property judgements of the ECJ (C-299 and C-350) of 25.10.2005*

*by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), banker The credit institutions are calm, while investor advocates are euphorically talking about a ?breakthrough? The reality looks more modest. The information problem: If an investor compares the comparatively meager interest of safe money plants with the […]

HVB Management Board members face criminal charges

by Johannes Fiala, lawyer The Munich banker and attorney Johannes Fiala evaluates the proceeding of the former Bayerische Hypotheken- und Wechselbank AG as highly risky: The European Court of Justice had decided on 13.12.2001 in a procedure against the HVB (legal successor of the Bayerische Hypotheken- und Wechselbank AG) that also without instruction over the […]

Decided cases

The Haustürwiderrufsgesetz offers the possibility to the person concerned still after years to separate from unprofitable investments.   This frees up liquidity that can then be invested more sensibly. The applicability of the doorstep-selling revocation statute requires that the situation be a doorstep situation. This is understood to mean, -an unsolicited visit to a private […]

Unprofitable loan agreements – money back!

by Johannes Fiala, lawyer Many lending institutions have provided sales people with their loan forms in recent years. These intermediaries then sold the mortgage-backed loans (or fund shares) to investors in their living rooms. But the right of withdrawal for doorstep selling now also applies to consumer credit. This was decided by the Federal Court […]