Settling a dispute with the BaFin conciliation body Unfortunately this specification of service has not yet been completely translated.
Are you in conflict with a bank or financial services company? Then under certain circumstances you can turn to the conciliation body of the Federal Financial Supervisory Authority.
Consumers can resolve disputes with companies out of court. For this purpose, there are dispute resolution bodies where lawyers strive for independent and impartial conflict resolution.
The Federal Financial Supervisory Authority (BaFin) operates such a dispute resolution body, which takes action in the event of conflicts with banks and financial services companies. However, this body is a catch-all arbitration board. It will only take action if no other recognised conciliation body is responsible for your case.
Before contacting BaFin's dispute resolution body, please check whether none of the other recognised dispute resolution bodies is responsible for your case. These so-called consumer arbitration boards are recognised by the Federal Ministry of Justice (BMJV) and operate within a defined area of jurisdiction. You can find the consumer arbitration boards on the subject of finance with their specific areas of responsibility on the website of the Federal Office of Justice (link to the page in the "Further information" section). If none of the consumer arbitration boards is responsible for your case, you can submit an application for dispute resolution to BaFin.
Please attach all documents necessary to understand the dispute, such as
- Terms and conditions of the contract
- Cost calculations
Online procedure possible: no
Written form required: no (text form is sufficient)
Personal appearance required: no
The opening of the conciliation procedure is only possible if
- no proceedings have yet been filed with a consumer arbitration board for the same dispute or have already been conducted
- in the case of disputes concerning the right to conclude a basic account agreement, administrative proceedings are neither pending nor have such proceedings resulted in an unappealable decision on the claim
- the dispute has not been decided by a court by way of a substantive judgment
- the dispute has not been submitted to a court
- the dispute has not been settled by compromise or in any other way
- an application for legal aid in respect of the dispute has not been refused on the ground that the proposed course of action had no reasonable prospect of success or appeared to be futile
Section 14 (1) nos. 6 and 7 UKlaG
§ 14 Absatz 1 Nummer 6 und 7 Unterlassungsklagengesetz (UklaG)
Ausführliche Informationen zur Streitschlichtungsstelle der BaFin
Liste der Verbraucherschlichtungsstellen auf der Internetseite des Bundesamts für Justiz
Before a conciliation procedure is initiated, you must submit an application to BaFin.
- Go to the website of the Federal Financial Supervisory Authority (BaFin) and open the form "Schlichtungsantrag".
- Fill out the form completely. You can do this on the computer or by hand. In the form, state what you are accusing the company of and what you want to achieve with your conciliation request.
- Print out the form and sign it.
- Enclose the supplementary documents and send it to the BaFin dispute resolution office. You can send the application by e-mail, by fax or by post.
After receipt of the application, BaFin will check whether it is responsible for dispute resolution in your case.
- If BaFin is competent, you will receive an acknowledgement of receipt and your documents will be examined.
- If BaFin is not responsible, you will be informed. If necessary, BaFin will forward your case to the competent consumer arbitration board if a board can be assigned.
- You will receive written notification of the admission of the dispute resolution procedure or a rejection with reasons.
- If your request for conciliation is admitted, the BaFin conciliation body will contact the company with which you are in dispute and ask for a statement on the case.
- In the best case, the company will then say that it agrees to your demands and the conciliation procedure is over.
- If the company does not agree, you have the opportunity to submit additional comments.
- Once the conciliation board has received all the necessary documents, the conciliator will draw up a conciliation proposal. This is presented to both parties, i.e. you and the company. Both parties must decide whether they agree to the proposal.
- The conciliation board will inform you of the result. This ends the procedure.
- If you are not satisfied with the outcome of the conciliation, you can take legal action against the company.
Responsible for the content
Federal Ministry of Finance
Last update or date of publication