Unharmonious harmonization? Different Approaches to Acquisition Fees in Building Savings Contracts by Italian and German Courts

The validity of price clauses in building savings contracts is disputed not only before German but also Italian courts. With regard to the acquisition fee, the two jurisdictions reach different conclusions based on regulations of general contract terms and conditions, which are largely harmonized by EU consumer law. This paper compares the approaches to acquisition fees in both jurisdictions and evaluates the discrepancies against the background of EU law.