Banking Law

Whether it’s a loan, a fraud, or a seizure, banking law often enters our lives without warning. Through this blog, we help you better understand your rights when dealing with financial institutions, with clear, accessible articles grounded in the real disputes faced by individuals and professionals alike.

Borrower Protection: Judge Sets Aside Unfair Clause of His Own Motion and Penalises Cofidis (TJ Coutances, 23 February 2026, No. RG 25/00305)

The Court of First Instance (tribunal judiciaire) of Coutances has just handed down a landmark decision on borrower protection: it held to be unfair, and ...

Bank Fraud: A Bank Cannot Rely on Its SECUR’PASS System Without Proof (TJ Rodez, 12 February 2026, No. 24/01535)

Having fallen victim to fraudulent debits on her bank account, a customer succeeds against Caisse d’Épargne, which failed to demonstrate the absence of any technical ...

Electronic Signature and Fraudulent Account Opening: Fortuneo Held Liable (CA Paris, Pole 4, Chamber 9-A, 23 January 2025, No. 23/06951)

In a judgment of 23 January 2025, the Paris Court of Appeal overturned a decision ordering a customer to pay more than €7,600 for a ...

Banking Failings in Wealth Management: How Caisse d’Épargne Île-de-France Reimburses Its Clients (AMF, Administrative Settlement Agreement, 12 November 2025)

On 12 November 2025, the Caisse d’Épargne et de Prévoyance Île-de-France (CEIDF) entered into an administrative settlement agreement (accord de composition administrative) with the French ...

Fake Documents in a Loan File: How the Bank Can Demand Immediate Repayment Years Later

You obtained a mortgage or a business loan with the help of a broker who “arranged” your file. The bank adviser turned a blind eye ...

Acceleration Clause Without Formal Notice: An Unfair Term Deemed Unwritten – CA Metz, 3rd Ch., 26 February 2026, No. 24/02013

On 26 February 2026, the Metz Court of Appeal (cour d’appel) handed down a remarkable decision that forcefully reaffirms the protection owed to consumers against ...

Acceleration Without a Reasonable Period: The Bank Clause Held Unfair and Unwritten (CA Saint-Denis de la Réunion, 27 February 2026, No. 23/00989)

When a borrower has difficulty meeting the instalments on a home loan, the bank cannot declare acceleration (déchéance du terme), that is, make the entire ...

Fraudulent Transfers After Phone Theft: The Bank Must Prove Strong Authentication (CA Grenoble, Com. Ch., 26 February 2026, No. 24/02381)

When a company falls victim to fraudulent transfers after the theft of its manager’s phone, can the bank hide behind the customer’s negligence to refuse ...

Notification of Assignment to a Securitisation Fund: Article 670 CPC Inapplicable – Cass. com., 4 March 2026, No. 24-22.392, Published in the Bulletin

When a bank assigns your mortgage loan to a securitisation fund (fonds commun de titrisation), how can you be sure that the assignment is valid? ...

Immediate Reimbursement in Bank Fraud Cases: Gross Negligence Does Not Justify Refusal (CJEU, Advocate General’s Opinion, 5 March 2026, Case C-70/25)

Have you been the victim of a phishing-based bank fraud? Is your bank refusing to reimburse you immediately, citing gross negligence (négligence grave) on your ...

Fraudulent Transfer: The Bank Is Liable When It Drafts the Payment Order (Cass. com., 4 March 2026, No. 25-11.959, Published in the Bulletin)

In a judgment of 4 March 2026, the French Supreme Court (Cour de cassation) has just clarified a question of central importance for victims of ...

Direct Debit Rejection Fees: Is Your Bank Charging You Twice for the Same Incident?

Your account is overdrawn, a direct debit comes in, the bank rejects it and charges you a fee. A few days later, the same direct ...