Bank Phishing Refunds Should Be Easier, Says CJEU Advisor

Top European Court Advisor Says Policy Should Be 'Refund Now, Sue Later' David Meyer • March 9, 2026

Banks must promptly refund phishing victims when the scams lead to unauthorized transactions, an advisor to the European Union’s top court has said.

See Also: The Rising Threat of Fake Business Accounts

The opinion, published Thursday by Court of Justice of the EU Advocate General Athanasios Rantos said a bank could still try to claw back the money from victims, should the financial institution establish that victims allowed the transaction out of "gross negligence."

The CJEU usually follows the opinions of its advocates general, but not always. If it does so in this case, it would have a big impact on how banks treat phishing fraud in Poland and elsewhere in Europe, where victims usually have to suck up losses themselves.

The case in question involves an unnamed Polish woman ...