BIt is that fraud for means of payment recorded a decline at the beginning of 2024, it is still very important. However, in the event of“Unauthorized operation” Or “Malted”Banque customers may be less reimbursed than in the past. Indeed, they are now forbidden to invoke a liability regime other than that provided for in the Monetary and Financial Code, resulting from a European directive of 2007 on payment services in the internal market (articles L. 133-18 has L. 133-24).
This prohibition appears in the directive (Article 86), but it has long been respected. In France, it was only expressly taken into account by the Court of Cassation by March 27 2024 (22-21,200)At the request of the Populaire Populaire Alsace-Lorraine-Champagne. This establishment had argued that, according to the Court of Justice of the European Union (judgments of September 2, 2021, CRCAM, C-337/20, and March 16, 2023, Beobank, C-351/21), the special liability regime provided for by the Monetary and Financial Code was “Exclusive application”. This prohibits the victims can invoke another, such as, in France, that of contractual responsibility of ordinary law provided for by the Civil Code.
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