The highests force banks to replace money from digital fraud if the client has not made negligence

The Supreme Court found that Financial organizations should respond to fraud and fraud, which were performed by digital means Provided that they cannot demonstrate that the user acted carelessly or that he did not immediately report strange movements.

In the decision of the Civil Chamber, the appeal, represented by Iberkague, against the decision made in 2022 by the provincial court of Zaragos, was dismissed. ThenThe head of the account in the enterprise suffered several funds withdrawn, reaching the amount of 83,692 eurosSome of them were held at dawn and without their authorized owner.

When he received the first notification that someone tried to enter his email and notification of strange operations in his bank account, he went to Bankju to find a solution. YoBerkaja restored 27,000 euros, but refused to take care of the rest of the fundsField

With this decision, the Supreme Court ratifies the decision of the Zaragosa court and recalls that the rules The European Union establishes that the user must answer only if he has committed serious negligence Or if you have violated your obligations.

In the case of Iberkaji, since it is not believed that the user has committed any violation or fraud, the responsibility for checking possible serious negligence falls on the bank. In case of inability to demonstrate this, he must take care of the means, since, as indicated in the laws of the community, the client must notify his essence any suspicious movement, which, in this case, was meticulously fulfilled.

The court too He emphasizes the fact that the bank did not consider it abnormal, that the client performed operations of thousands of euros during the morningViolating your duty to control possible irregular actions.