European Court of Justice rules on payment service provider liability

The Court of Justice of the European Union (CJEU) has issued a ruling regarding the liability of payment service providers in cases of unauthorized transactions. The case, C-70/25 (Tukowiecka), involves a dispute with PKO BP S.A. concerning the obligation of a provider to immediately refund a payer for unauthorized operations.

The ruling addresses the interpretation of Directive (EU) 2015/2366, specifically focusing on the division of responsibility between the service provider and the user. It examines whether a provider can refuse immediate reimbursement on the grounds that the payer’s gross negligence made the unauthorized operation possible.