European Court: Banks Can Ask Victims of Phishing for Money Back, Not the Other Way Around
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Can a bank refuse to repay a victim of bank fraud on the ground that it has committed serious negligence? By a judgment of 15 October 2026 (C-70/25, Tukowiecka), the Court of Justice of the European Union responds clearly in the negative. In the presence of an unauthorized payment transaction, the bank must, in principle, immediately repay its customer, even after seeking his responsibility. A major decision which could significantly alter the t…
The European Court of Justice's ruling concerns a lawsuit filed by a customer of a Polish bank who was a victim of phishing.
The TJUE forces the banks to immediately return the money stolen by phishing even if there is negligence. It is only released if it is credited in writing. The entry The TJUE forces the banks to return the money stolen by phishing even if you have been negligent was first published in What!.
The European Court of Justice ruled that banks must reimburse phishing victims immediately much more frequently, even if a bank accuses them of gross negligence. The government immediately approved a bill that undermines this obligation, anticipating new European regulations.
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