The federal judges clarified that the costs for the credit report are not recoverable damages for default.

The federal judges clarified that the costs for a credit report are not recoverable damages for late payment. (Photo: © jarretera/123RF.com)

Read aloud:

Debtor does not have to pay for creditor's Schufa credit report.

Two companies obtained information about delinquent customers from Schufa, Germany's largest credit bureau. However, the Federal Court of Justice ruled that they will not be reimbursed for the costs incurred.

Anyone wanting to know whether a delinquent debtor is even solvent often first consults a credit agency , such as Schufa. However, the debtor is not required to reimburse the costs of such a report . This was decided by the Federal Court of Justice in two rulings.

The cases

Two waste management companies each obtained a Schufa credit report on their delinquent customers through a debt collection agency . The costs amounted to €1,35 in one case and €1,61 ​​in the other. The companies then demanded compensation from their customers for these expenses. Despite the negligible amounts involved, the Federal Court of Justice (BGH) had to rule on the matter, as it concerns a fundamental legal question and is a common practice in the debt collection industry.

The judgments

As the lower courts had done previously, the Federal Court of Justice (BGH) also dismissed the claims of the waste management companies. They will therefore receive no compensation.

The federal judges clarified that the costs for the credit report are not recoverable damages for default . Expenses incurred by a creditor are only recoverable as damages for default if they are "necessary and appropriate" for enforcing their rights . This was not the case here. The decisive factor is the perspective of a reasonable, economically minded person in the creditor's situation.

You might also be interested in:

No information was required.

A Schufa credit report does not provide a creditor with the information necessary for initiating, conducting, and successfully concluding legal proceedings . While it can help the creditor assess the chances of success in later enforcement proceedings, a creditor may not, without special circumstances , consider it necessary for initiating legal proceedings, according to the Federal Court of Justice (BGH).

Furthermore, legally established claims only expire after 30 years. A credit report obtained before filing a lawsuit therefore has, at best, limited predictive value regarding the likelihood of success. As a consequence of these rulings, the debt collection industry must change its practices.

Federal Court of Justice, judgments of June 11, 2026, case numbers VII ZR 93/25 and 96/25

The advisors at the Chambers of Crafts will be happy to help you with any legal questions!

DHB now also available digitally! Simply click here and register for the digital German Crafts Journal (DHB)!

Text: / handwerksblatt.de

You might also be interested in: