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[BUSINESS] · Poland, Spain · 7 sources

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Court of Justice of the EU rules banks must reimburse fraud victims

The Court of Justice of the European Union has ruled that banks must reimburse customers who fall victim to fraud, even if the users contributed to the loss through significant negligence. Under this ruling, financial institutions are required to provide immediate reimbursement for unauthorized transactions and may subsequently attempt to recover the funds from clients through legal proceedings.

The decision stems from case C-70/25, Tukowiecka, involving a Polish bank customer who was deceived by a fraudulent link mimicking her bank's website. While the bank initially refused to refund the lost funds due to the customer's lack of caution, the Court clarified that such claims alone are insufficient to deny reimbursement.

This ruling comes amid rising fraud levels in the European Economic Area, where banking fraud reached 4.2 billion euros in 2024, a 17 percent increase from the previous year. In Spain, for example, consumers have historically borne approximately 80 percent of losses from transfer fraud. Financial experts suggest that Spanish banks could face potential costs approaching one billion euros when considering claims from the last five years.

Entities

Bank of Spain · Court of Justice of the European Union · European Banking Authority · European Central Bank · European Economic Area · Tukowiecka

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