Europäischer Gerichtshof: Kontobetrug: Banken müssen Geld erst einmal erstatten

The European Court of Justice (EuGH) has ruled that banks must initially refund victims of bank account fraud, even if they accuse the victims of gross negligence. The payment service provider may subsequently claim the losses incurred by customers who are responsible for their own negligence, according to a statement from the court in Luxembourg.

The case originated in Poland, where a bank customer fell victim to a phishing scam. The woman had listed an item on an online marketplace; a fraudster posing as an interested buyer sent her a link, supposedly from the marketplace, to confirm the sale. The woman clicked on the link and arrived at a website that looked like her bank's, where she entered her online banking credentials.

In reality, the perpetrator obtained her data and transferred around €700 to his own account. The customer notified her bank the next day. The bank refused to reimburse her, stating that she allowed the fraud through her gross negligence. The customer appealed to a Polish court, which submitted the case to the EuGH for clarification.

Consumer advocates say a similar practice is observed in Germany, causing customers to invest significant effort in disputes with their payment service providers, accept unfavorable settlements, or take unfavorable compromise offers. Moreover, people are hesitant to pursue legal action due to the risk of process costs. The Luxembourg judges made it clear: banks must refund amounts in such cases promptly, provided customers inform them in time.

EU law allows only one exception: if there are grounds to suspect that the affected individuals are themselves defrauding, and the bank notifies the competent national authority in writing. The court emphasized the goal of ensuring a high level of consumer protection.