BAWAG loan: Those affected can now reclaim up to 30 years

At the heart of the case is a processing fee calculated as a percentage of the loan amount, such as that charged by BAWAG for consumer, mortgage, and real estate loans. The Supreme Court ruled in March 2025 that this practice was inadmissible because the fee was not based on the bank's actual expenditure, but solely on the loan amount – which led to excessive charges for larger amounts.

• For consumer loans, processing fees are fully refunded .
• For real estate loans, repayment is staggered , depending on the amount of the fee paid.
• According to the Supreme Court , fees for interim financing and framework loans that were calculated on a percentage basis are also considered inadmissible and can be reclaimed.

The regulation applies regardless of whether the loan is still outstanding or has already been repaid – retroactively for a period of up to 30 years.

Despite the ruling, there is no automatic right to repayment. Customers must actively assert their claims. An online form is now available on the BAWAG website, as the AK explained in a press release.

BAWAG confirmed the agreement in response to an APA inquiry , but did not want to provide any information on the repayment amounts or the financial scope.