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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.

victime d'un virement frauduleux : comment obtenir un recours efficace auprès de votre banque

Crypto Fraud and Foreign Banks: French Law May Apply (Cass. 1re civ., 11 March 2026, No. 24-19.439)

Cryptocurrency fraud, international transfers and bank liability: in a judgment of 11 March 2026 (Cass. 1re civ., No. 24-19.439), the First Civil Chamber of the French ...

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Stolen Bank Card Abroad: The Computer Trace of the PIN Is Not Enough to Establish Gross Negligence (CA Paris, 16 April 2026, No. 25/07690)

Theft of a bank card during a hospital stay abroad, twenty-seven fraudulent transactions in its wake, and a bank invoking gross negligence to refuse reimbursement. ...

la double authentification pour sécuriser vos paiements en ligne : guide complet et avantages

Fraudulent Transfers and Trusted Beneficiaries: The Challenge to Strong Authentication Must Be Decided by the Court (Cass. com., 4 February 2026, No. 24-20.003)

Four fraudulent transfers leave a pharmacy’s business account for a UK account that had been added a few days earlier as a “trusted beneficiary” on ...

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Phishing and 3D Secure: Strong Authentication Takes Precedence over the Payer’s Gross Negligence (Cass. com., 30 August 2023, No. 22-11.707)

Did you give a 3D Secure code to a fake bank adviser over the phone, and is your bank now refusing to reimburse the transaction, ...

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Bank Fraud and Strong Authentication: The Bank Cannot Refuse Reimbursement on Mere Presumptions (CA Besançon, 1st Ch., 24 March 2026, No. 24/01830)

Have you been the victim of bank fraud, and does your bank refuse to reimburse you on the ground that you “must” have given your ...

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Independent Guarantee: When Your Creditor Oversteps the Mark (Cass. com., 1 April 2026, No. 24-13.364)

The independent guarantee (garantie autonome) is dreaded by businesses: once issued, it can be called without the guarantor being able to raise defences drawn from ...

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Phishing and La Banque Postale: Paris Court of Appeal Orders the Bank That Cannot Prove Authentication of Its Transfers to Pay (CA Paris, Pôle 5 ch. 6, 28 January 2026, No. 24/01045)

Nine fraudulent transfers in ten days. Twenty-three thousand euros gone after a phishing campaign. And a bank that, before the court, proves unable to produce ...

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Spoofing: Caisse d’Épargne Ordered to Reimburse €10,000 by the Versailles Court of Appeal, Which Refuses to Equate the Victim of a “Structured Deception” with a Negligent Customer (CA Versailles, 29 January 2026)

The number displayed on the screen really was Caisse d’Épargne’s. The voice on the phone was professional, reassuring, convincing. Within minutes, €10,000 had been transferred, ...

lutte contre la fraude bancaire

SNCF Connect Scam and Phone Spoofing: Riom Court of Appeal Orders Banque Populaire to Pay and Clarifies What “Personalised Security Credentials” Really Are (CA Riom, 4 June 2025)

A harmless one-euro payment on a fake SNCF website. A phone call from a supposed Visa department. A validation through Secur’Pass. And nearly €9,000 gone ...

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Fake Anti-Fraud Officer and CyberPlus Transfers: The Court of Appeal of Toulouse Recalls That the Unauthorised Payments Regime Is Exclusive and Orders Banque Populaire Occitane to Reimburse in Full (CA Toulouse, 6 January 2026)

Christmas 2021. A telephone call from a supposed anti-fraud adviser. Three transfers via CyberPlus for nearly €15,000. At first instance, the court had found a ...

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Foreclosure: An Unpublished Payment Order Keeps Its Interruptive Effect Until Lapse Is Declared, Cass. civ. 2e, 16 April 2026, No. 23-17.752 (Critical Analysis)

You have found that the bank pursuing you in foreclosure proceedings had, several years earlier, served a payment order operating as a seizure of real ...

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Personal Recovery Without Judicial Liquidation: The Write-Off Covers All Debts Arising Before the Decision, Declared or Not (Cass. civ. 2e, 26 March 2026, No. 23-18.726, F-B)

You went through an over-indebtedness procedure that ended in personal recovery without judicial liquidation (rétablissement personnel sans liquidation judiciaire). The commission validated the write-off of ...