Dialogos

Banks Cannot Deny Refund in Case of Fraud, Says EU Advocate General

Published March 5, 2026, 17:02
Banks Cannot Deny Refund in Case of Fraud, Says EU Advocate General

The European Court of Justice, through Advocate General Athanasios Rantos, appears to be adopting a position protective of consumers in cases of fraud involving bank transactions. According to his opinion, a bank cannot refuse to immediately refund money in the event of an unauthorized transaction, even if the customer has shown gross negligence. The case concerns a Polish citizen who was defrauded through phishing and lost money from her account. The bank refused to refund the amount, citing the customer's negligence. However, the Advocate General argues that European law requires an immediate refund, unless the bank has reasonable suspicion of fraud, which it must report to the authorities. The bank retains the right to claim damages from the customer later, if it is proven that the customer violated their obligations. Mr. Rantos emphasized that consumer protection is a priority and that his position is in line with European law. The case is expected to be heard by the EU Court of Justice, with the decision having significant implications for tackling electronic fraud and protecting consumers throughout the European Union.