Summary of the Ombudsman´s Report 2011

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116 ombudsmann der privaten banken – tätigkeitsbericht 2011 3. Recognition of the Ombudsman Scheme The German private commercial banks’ Ombudsman Scheme is widely recognised – not only by customers and banks, but also by government bodies at national and European level. For disputes between customers and private commercial banks relating to credit transfer law and misuse of payment cards, the ombudsman replaces the conciliation body set up at the Deutsche Bundesbank under the German Prohibitory Injunctions Act. The Federal Ministry of Justice has entrusted the Ombudsman Scheme with the public dispute resolution function in this field for the private commercial banks. In the case of disputes between consumers and foreign financial services undertakings, the Customer Complaints Office helps to find the appropriate complaints office abroad. The German private commercial banks’ Ombudsman Scheme supports the Consumer Complaints Network for Financial Services (FIN-NET), set up by the European Commission, which links recognised dispute resolution schemes in the European financial services sector.
124 anhang – tätigkeitsbericht 2011 The Ombudsman Scheme of the German private commercial banks* Rules of procedure for the settlement of customer complaints in the German private commercial banking sector. 1) The Association of German Banks (Bundesverband deutscher Banken, referred to in the following as “the Association”) has established for its member banks a conciliation scheme to settle disputes between banks and customers. A list of the banks participating in the scheme is available from the Association. 1. Appointment of the Ombudsman (1) Appointment by the Board The conciliation proceedings shall be conducted by an Ombudsman. The Ombudsman shall be appointed by the Board of the Association on the recommendation of the management for a term of three years. He may be reappointed. The Ombudsman may only be removed before expiry of his term of office if there are facts which indicate that he will no longer be able to exercise his office independently, if he is prevented not only temporarily from exercising his office, or for similar good cause. (2) Participation of the consumer associations Before appointing the Ombudsman, the Association shall submit to the German Federation of Consumer Offices and Consumer Associations (Verbraucher zentrale Bundesverband (vzbv)) the name and professional curriculum vitae of the person proposed for the office of Ombudsman. If, within a period of two months, the vzbv does not present any facts in writing which call into question the qualifications or impartiality of the person proposed for the office of Ombudsman, or if any objections raised in this respect have been dealt with, the Ombudsman may be appointed pursuant to Section 1 (1), sentence 2. (3) Qualifications and impartiality The Ombudsman must be qualified to hold judicial office. He must not have been employed by either the Association or a bank during the last three years prior to taking up office. In his capacity as conciliator, the Ombudsman is independent and not bound by instructions. (4) Appointment of more than one person Two or more persons shall be appointed Ombudsmen. The Board of the Association shall establish the division of jurisdiction, including deputisation arrangements, in agreement with these persons at least before each business year. The division of jurisdiction may only be altered during the business year for good cause. (5) Bias An Ombudsman may not settle disputes if he himself was involved in handling these at some point in the past. These shall be settled by his deputy. * Translation of the original German text, which is binding in all respects. 1) Irrespective of whether the Association appoints ombudsmen or ombudswomen, the term “Ombudsman” is used throughout the present Rules of Procedure for simplicity’s sake.
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Summary of the Ombudsman´s Report 2011

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