Skip to content
logo The magazine for digital lifestyle and entertainment
Data protection Fraud News Online-Banking Right Smart Finance All topics
ECJ Ruling on Online Banking

Fell for Phishing? Bank Can’t Simply Refuse Reimbursement

Two people are sitting on a sofa in front of a laptop. One person is on the phone with a focused expression, while the other is looking at the screen with a furrowed brow, holding a bank card in hand.
The European Court of Justice has ruled on when banks must initially reimburse unauthorized payments. Photo: Getty Images

October 16, 2026, 10:37 am | Read time: 4 minutes

If you fall victim to a phishing attack and lose money, your bank is not necessarily obligated to reimburse you. A new ruling by the European Court of Justice now strengthens the rights of bank customers. Banks cannot refuse a quick reimbursement solely because they accuse the customer of gross negligence.

Fraudster Lured Bank Customer to Fake Site

The ruling stems from a fraud case in Poland. A woman wanted to sell an item through an online sales platform. A supposed buyer sent her a link to confirm the sale. Instead, she ended up on a fake website resembling her bank PKO BP’s site, where she entered her online banking credentials.

The fraudster also obtained a confirmation code sent via SMS and transferred 3,000 zlotys, approximately 700 euros, to his account. The customer noticed the fraud the next day and informed her bank and the police. However, the bank refused reimbursement, accusing her of gross negligence in handling her banking data. The case was eventually referred by the competent court in Poland to the European Court of Justice.

On October 15, 2026, the ECJ ruled in case C-70/25 “Tukowiecka” on the interpretation of EU law. The specific dispute between the customer and her bank must be resolved by the competent Polish court based on this decision.

Banks Must Reimburse Unauthorized Payments

The key point is that the ECJ separates two questions: Must the bank initially repay the missing money? And who ultimately bears the loss? In the case of an unauthorized payment, the bank must generally reimburse the debited amount immediately. According to the ECJ, merely accusing the customer of gross negligence is not sufficient to refuse this initial repayment.

This is based on the European Payment Services Directive PSD2. According to the consumer portal “Mimikama,” the money must be credited back by the end of the next business day after the bank learns of the unauthorized payment. However, affected individuals must promptly inform their bank as soon as they notice the fraud.

An exception may apply if the bank has legitimate reasons to suspect that the customer acted fraudulently. This suspicion must be reported in writing to the competent national authority.

More on the topic

When the ECJ Ruling Does Not Apply

However, this rule does not apply universally to every payment triggered by fraud. As Mimikama explains, the ruling concerns payments that the account holder did not consent to. If someone initiates and authorizes a transfer themselves, such as falling for a seemingly legitimate investment offer, they cannot automatically claim an immediate reimbursement.

Also of interest: Savings Bank warns! Failure to respond may prevent online payments

The decisive factor is not just whether fraudsters were involved, but whether the account holder consented to the specific payment. Even a transfer initiated through deception can legally be considered authorized.

The interpretation is not only relevant for the specific case in Poland. Since it involves EU law requirements, the decision also plays a role in similar cases in Germany and Austria.

Bank Can Reclaim the Money Later

For fraud victims, this initially sounds like good news. However, it’s not that simple. The quick reimbursement does not automatically mean that the bank will ultimately bear the loss.

The ECJ explicitly separates the initial repayment from the later question of who is liable for the loss. If a bank proves that the customer intentionally or with gross negligence violated their obligations, it can subsequently “assert claims against them.”

For those affected, this is the crucial point of the ruling: A bank cannot block the quick repayment of an unauthorized payment simply by citing possible gross negligence. Whether the customer ultimately has to bear the loss is assessed separately.

This article is a machine translation of the original German version of TECHBOOK and has been reviewed for accuracy and quality by a native speaker. For feedback, please contact us at info@techbook.de.

You have successfully withdrawn your consent to the processing of personal data through tracking and advertising when using this website. You can now consent to data processing again or object to legitimate interests.