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European Court: banks must refund phishing victims immediately

On 15 October 2026 the Court of Justice of the EU ruled that a bank must refund an unauthorised payment immediately, even if it thinks the customer was careless. The ruling applies in all countries of the European Union.

Updated: 2026-10-15

1What was decided

  1. The case (C-70/25) was about a Polish customer. He was selling something online, got a fake bank page and lost about 700 €. His bank refused to refund him because he had supposedly been “grossly negligent”.
  2. The Court says: the bank must refund by the end of the next working day after the customer reports it. A suspicion of gross negligence is no reason to wait.
  3. The only exception: serious signs that the customer committed fraud themselves. The bank must then report this in writing to the competent authority.
  4. If the bank thinks the customer was grossly negligent, it can ask for the money back afterwards. But then the bank has to prove it itself, and go to court if necessary.

2An example: Belgium

The ruling applies to every bank in the EU. In Belgium, a summary-proceedings judge in Antwerp already ruled in June 2026 that a bank had to compensate an elderly couple immediately. They had been scammed out of almost 50,000 € by a fake bank employee. Febelfin, the federation of Belgian banks, says the banks will follow the Court's reading.

3What this means

4What to do now

In Belgium
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Sources: VRT NWS, 15/10/2026 · Test Aankoop, 15/10/2026 · VRT NWS, 3/6/2026 · Court of Justice, press release on the opinion in C-70/25

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