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CJEU: Banks Obligated to Refund Amounts After Electronic Fraud

Published March 5, 2026, 17:11
CJEU: Banks Obligated to Refund Amounts After Electronic Fraud

The Court of Justice of the European Union is examining a case concerning the obligation of banks to refund amounts to customers who have fallen victim to electronic fraud. Advocate General Athanasios Rantos has ruled that banks cannot refuse an immediate refund, even if there is gross negligence on the part of the customer. The case concerns a Polish citizen who was defrauded via phishing and lost money from her account. Her bank refused to refund the amount, citing her negligence. Mr. Rantos argues that European law requires an immediate refund, unless the bank has reasonable suspicion of fraud, which it must report to the authorities. It is noted that the bank retains the right to claim damages from the customer later, if it is proven that the customer violated their obligations as a payment service user. Mr. Rantos's opinion emphasizes the importance of consumer protection and compliance with European law. The case is expected to be heard by the CJEU, and the decision will have significant implications for tackling electronic fraud and protecting consumers throughout the European Union.