Economy · News
EU top court: banks must refund fraud victims first, even if negligent
Published:
In brief
The EU Court of Justice ruled on 15 October 2026 that banks must refund victims of unauthorised payment fraud immediately — even when the bank believes the customer was grossly negligent, for example by falling for a phishing link. Banks can still try to recover the money afterwards, but only by proving negligence themselves, usually in court.
The Court of Justice of the European Union (CJEU) ruled on 15 October 2026 that banks and other payment service providers cannot delay or refuse refunding a customer hit by an unauthorised transaction just because they suspect the customer was grossly negligent. The judgment was issued in Case C-70/25, N.O. v PKO BP S.A., following a request for a preliminary ruling from a district court in Koszalin, Poland, lodged on 3 February 2025.
What happened in the underlying case
The case began with a Polish bank customer, identified in court papers only as N.O., who was targeted by a scammer posing as a buyer on an online sales platform. The scammer sent a fraudulent payment link disguised as a message from the platform. After the customer clicked the link and entered her banking credentials on a fake login page, the scammer transferred roughly €700 out of her account. Her bank, PKO BP, refused to reimburse her, arguing that she had been grossly negligent by entering her credentials on the fake page.
What the Court decided
The CJEU held that EU payment services law — the Payment Services Directive (Directive 2015/2366, known as PSD2) — requires a bank to refund the amount of an unauthorised transaction immediately, and no later than the end of the business day following the customer's report, regardless of whether the bank believes the customer acted with gross negligence. The Court found that letting banks withhold the refund while they investigate negligence claims would strip the reimbursement obligation of its practical effect and force victims to go to court simply to get their own money back.
The ruling does not prevent banks from later trying to recover the reimbursed amount. If a bank believes the customer deliberately or through gross negligence failed to protect their personalised security credentials, it can pursue a claim against the customer afterwards — but the burden of proving that negligence falls on the bank, typically before a judge, rather than on the customer at the moment of the fraud.
Why it matters across the EU
Because PSD2 is an EU directive applied in all 27 member states, the ruling is binding guidance for national courts and regulators across the bloc, not only in Poland. Consumer organisations say the practical effect is significant because many banks have routinely reversed the sequence the law intended: investigating suspected negligence first and paying out only afterwards, if at all. The Belgian consumer group Test-Achats/Testaankoop called the decision a turning point. Its spokesperson, Julie Frère, summarised the obligation as "Les banques doivent payer d'abord, discuter ensuite" ("banks must pay first, discuss later"), saying it confirms a rule banks had been circumventing in practice.
The Brussels Times reported that the ruling directly challenges current practice at Belgian banks, several of which have refused immediate reimbursement while they investigate whether a customer was careless with login details or one-time codes. Legal commentary on the case, including analysis published by Spanish outlet Ara, notes that the Court's answer applies specifically to the refund deadline set out in PSD2, that the ruling speaks in terms of 'payment service providers' more broadly rather than banks alone, and that it leaves providers free to litigate gross negligence separately, after the money has already been returned.
The scale of the problem
The ruling arrives as payment fraud losses have been rising across the EU and European Economic Area. A joint report by the European Banking Authority and the European Central Bank found that overall payment fraud losses reached €4.2 billion in 2024, up from €3.5 billion in 2023 and €3.4 billion in 2022 — a roughly 20% increase from 2023 to 2024. Within that total, fraud linked to credit transfers rose 16% year-on-year to €2.2 billion, and fraud on EU- and EEA-issued cards rose 29% to about €1.33 billion. For credit-transfer fraud specifically, the same report found that payment service users bore about 85% of the resulting losses, largely because scams trick people into authorising the transfer themselves.
| Category | 2023 | 2024 | Change |
|---|---|---|---|
| Credit transfer fraud | — | €2.2 billion | +16% year-on-year |
| Card payment fraud (EU/EEA-issued cards) | — | ≈€1.33 billion | +29% year-on-year |
| Total payment fraud losses | €3.5 billion | €4.2 billion | +20% year-on-year |
What is still unclear
The judgment addresses unauthorised transactions — cases where someone else accessed or diverted the customer's money, as in phishing. It does not change the separate legal treatment of situations where a bank has objective grounds to suspect the customer authorised the payment themselves or was complicit in the fraud, which can still justify withholding a refund. How quickly individual banks across the EU change their internal refund procedures in response to the ruling, and whether national regulators will actively enforce it, remained to be seen as of 16 October 2026.
Questions
- What did the EU Court of Justice actually rule?
- On 15 October 2026, in Case C-70/25, the CJEU ruled that banks must refund customers for unauthorised payment transactions immediately — no later than the end of the following business day — even if the bank believes the customer was grossly negligent.
- Can a bank still get the money back from a negligent customer?
- Yes. After refunding the customer, the bank can pursue a separate claim to recover the amount, but it must prove the customer's gross negligence itself, generally in court, rather than withholding the refund up front.
- Does this ruling apply outside Poland, where the case originated?
- Yes. The case interprets the EU's Payment Services Directive (PSD2), which applies across all EU member states, so the ruling guides how courts and banks in every member state must handle refund requests.
- What triggered the original case?
- A Polish bank customer was tricked by a scammer posing as a buyer on an online marketplace into entering her banking credentials on a fake page, after which about €700 was transferred out of her account; her bank, PKO BP, had refused to reimburse her, citing gross negligence.
- How big is payment fraud in the EU?
- According to a joint European Banking Authority–European Central Bank report, payment fraud losses across the EU/EEA reached €4.2 billion in 2024, up from €3.5 billion in 2023 — an increase of roughly 20%.
How the world is telling it
- SpanishSpanish-language coverage (Ara) frames the ruling in terms of 'payment service providers' generally, not only banks, noting that the court's requirement to refund immediately applies to the PSD2 deadline while leaving providers free to pursue gross-negligence claims against customers afterwards in separate proceedings.
Sources
- Court of Justice of the European Union — Press Release No 147/26, Case C-70/25 N.O. v PKO BP S.A. (15 October 2026)
- The Brussels Times — EU court says banks must refund phishing victims before proving negligence
- Ara (English) — The CJEU forces banks to return money from a fraud even if they allege gross negligence by the client
- Test-Achats/Testaankoop — Fraude bancaire: votre banque doit vous rembourser
- Electronic Payments International — Payment fraud in EEA touched €4.2bn in 2024, EBA-ECB report finds
This piece was prepared with artificial intelligence and passed an automated source check before publication. If you see an error, ask for a correction. Request a correction or reply · How we make this
Related

EconomyArticle
ICE Enforcement Fears Are Cutting Sales at Hispanic-Owned Businesses Across the US
Hispanic-owned businesses in Austin, Los Angeles, Houston and other US cities report sales drops as large as 40 to 60 percent as customers stay home over fear of ICE arrests, according to business owners and multiple studies. Academic research ties immigration enforcement surges to billions of dollars in lost consumer spending and hundreds of thousands of fewer jobs nationwide since 2025.

EconomyArticle
OCC Finalizes GENIUS Act Rules for Stablecoins Like USDC: What Changes in 2027
The US Office of the Comptroller of the Currency finalized rules on October 21, 2026, implementing the GENIUS Act for dollar-pegged stablecoins such as USDC. The rules set reserve, redemption, capital and reporting standards for issuers and take effect January 18, 2027. Issuers like Circle still cannot pay interest directly, but exchanges may offer yield-like rewards case by case.
EconomyNews
Jio Platforms IPO Draws Record ₹7.4 Lakh Crore in Bids, 13.8 Million Applications
Reliance Industries' telecom-and-tech unit Jio Platforms closed India's largest-ever IPO on October 23, 2026, after drawing roughly ₹7.40 lakh crore in total bids and more than 13.8 million applications — a global record for any IPO — for its ₹30,213 crore share sale. The issue was subscribed 22.19 times overall, led by institutional investors, according to exchange-based figures reported by multiple Indian outlets.

EconomyNews
EU Caps Cash Payments to Businesses at €10,000 From July 2027
From 10 July 2027, businesses across the European Union will no longer be allowed to accept cash payments of €10,000 or more under new EU anti-money-laundering rules. The limit applies only to professional transactions with traders and service providers; cash payments between private individuals are not affected. Countries that already have lower national ceilings, such as France and Spain, keep those stricter limits.