Reverses usual orderEU court: Banks must refund fraud victims, even if the client was careless

François Aulner
adapted for RTL Today
The European Court of Justice has ruled that banks must refund clients for unauthorised transactions, even if the customer was grossly negligent.
© AFP

The European Court of Justice, based in Kirchberg, issued the ruling in a case linked to so-called LuxTrust fraud cases. It found that the bank must reimburse any unauthorised amount first. Only afterwards may it seek to claw the funds back from the client, if appropriate.

The decision effectively reverses the usual order of liability between banks and their clients.

A bank does not have to issue a refund if the payment service provider has strong grounds to suspect that the client committed fraud themselves.

The ruling follows a case brought by a customer of a Polish bank who fell victim to a phishing scam.

In Luxembourg, several victims of such scams have taken local banks to civil court in similar circumstances.

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