Przegląd wybranego orzecznictwa w sprawach nieautoryzowanych transakcji płatniczych w latach 2021–2024
Review of selected case law on unauthorized payment transactions in the years 2021–2024

Summary/Abstract: The article presents selected case law on unauthorized payment transactions. The authors analyzedjudgments issued by common courts in the period from 2021 to 2024 (fi nal and non-fi nal rulings),as well as the Supreme Court’s judgment of September 15, 2023, ref. II CSKP 1013/22, and thejudgment of the CJUE of July 11, 2024, case C-409/22 UA v. Eurobank Bulgaria AD, in terms ofproblems arising from the interpretation of the provisions on unauthorized payment transactions.The authors presented the current jurisprudence with regard to issues such as: the requirementof special care on the part of banks in ensuring the security of kept cash, the basic obligations ofthe payment services’ users, the prerequisites for the exclusion of banks’ liability for unauthorizedpayment transactions, the distinction between the co ncepts of authentication and authorization ofa payment transaction, the limitation period for claims.The analysis of presented case law has led to the conclusion that the courts, when resolving suchcases, more and more often are examining the activity of banks in raising the level of knowledgeof their customers as to the risks and dangers of payment transactions. The courts are payingattention to the need for banks to conduct educational campaigns and target customers withindividualized messages. In addition, as the analysis shows, when assessing possible grossnegligence on the part of the payment transactions users, the courts also take into account thecircumstances of the event, such as, in particular, the manner in which the perpetrators acted,the time and place of the event, and the experience of the user. The courts also emphasise that thecurrent “model of diligence” of banks in the provision of payment services requires these entitiesto have security systems that identify the modus operandi of the perpetrators of e-banking-relatedfrauds.

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