The action brought by a right-wing extremist book distributor was thus essentially unsuccessful. The commerzbank had cancelled the account without stating any specific reason. A clause to this effect in the general terms and conditions of business was effective, the federal court of justice ruled. The bank was not obliged to justify any unequal treatment of different customers (az. XI ZR 22/12).
The true background of the dispute can only be guessed at. The bookseller’s program "lesen und schenken" includes titles such as "die ritterkreuztrager der waffen-SS" – a work that is advertised as an "honorary book of the bravest" and fits in seamlessly with the rest of the selection. In 2009, commerzbank informed the bookseller that it was no longer in a position to maintain the account relationship "for fundamental reasons". The bank did not give any further reasons.
Such a notice is in principle legal, the BGH now ruled. The bank was not obliged to treat all customers equally. "There was no obligation to substantiate the notice in any way," said presiding judge ulrich wiechers. The principles of rental or labor law do not apply to contracts for checking accounts.