Drivers vs Sberbank
Sberbank has no right to take excess from violators of traffic rules when they pay fines. But he’s taking it … Sberbank has no right to take excess from traffic violators when they pay fines. But he takes …
Abuse figures: 3% = 10%
The process was initiated by employees of the Kaliningrad FAS Directorate after two complaints from drivers. When paying fines for violation of the Rules, according to the internal banking procedure, they demanded, in addition to the amount of the fine, also a commission: 3% of the amount of the penalty, but not less than 30 and not more than 2000 rubles. So not only in Kaliningrad - the procedure is extended to all branches of the country's main bank.
But here's what comes out. If the fine is small and amounts to, say, 300 rubles, the minimum amount of commission is 30 rubles. it is already 10%, and this is not at all the same as 3%. Thus, those who pay fines for the most minor violations are the biggest losers. It was the “commission corridor” of Sberbank that was recognized as a violation of part 1 of article 10 of the Law on Protection of Competition.
In addition, the Arbitration Court found the actions of Sberbank "contrary to Russian law - violating article 14.31 of the Administrative Code of the Russian Federation." This article refers to “abuse of dominance” (in the market).
Cancel the "corridor" system
Sberbank of Russia was sentenced to an administrative fine for a total amount of 227 thousand rubles. (127 and 100 thousand). These are two episodes considered in court. And if all those who paid their fines filed lawsuits (the traffic police totals millions of monetary penalties per year)? Poor Sberbank! Rather, it could become poor.
Moreover, the court ordered the bank to remove restrictions on the minimum-maximum amount of commissions.
Not a complete victory - not a victory
However, we refrain from recognizing this victory as final: Sberbank lawyers intend to appeal the court decision. There is something to fight for. The Kaliningrad precedent may be followed by similar claims with the same result. Most likely, they will not rush to hurry with the cancellation of the “corridor”. The protest phenomenon must be destroyed in the bud! Bankers are encouraged by the fact that in the Volga Federal District, the courts considered similar cases, but recognized the claims of the FAS as unfounded. Presumably, Sber is ready to bring the matter to the Higher Arbitration Court.
Destroy the vine
Drivers also cannot be completely satisfied.
The Federal Antimonopoly Service found out that traffic police officers direct drivers to pay fines in Sberbank. In an unobtrusive way: they say, it’s better to go there. Of course, in an area where there is nowhere else to pay, they will go to Sberbank without advice. But often the recommendation also sounds in large centers where other banks are “registered”.
