Case C-665/23, Veracash: Judgment of the Court (Fourth Chamber) of 1 August 2025 (request for a preliminary ruling from the Cour de cassation – France) – IL v Veracash SAS (Reference for a preliminary ruling – Payment services in the internal market – Directive 2007/64/EC – Article 56(1)(b) – Obligation for the payment service user to notify the payment service provider without undue delay of the loss, theft, misappropriation or unauthorised use of his or her payment instrument – Article 58 – Notification of unauthorised payment transactions – Rectification of such a transaction by the payment service provider subject to the obligation for the user of those services to notify that transaction without undue delay … and no later than 13 months after the debit date – Articles 60 and 61 – Respective liabilities of the payment service provider and of the payer for unauthorised payment transactions – Successive unauthorised payment transactions resulting from the loss, theft, misappropriation or unauthorised use of a payment instrument – Delayed notification without intent or gross negligence – Scope of the right to a refund)
Date: 2025-08-01
Institutions: Court of Justice
Subjects: damages, electronic money, financial transaction, payment








C_202505066EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5066


29.9.2025






Judgment of the Court (Fourth Chamber) of 1 August 2025 (request for a preliminary ruling from the Cour de cassation – France) – IL v Veracash SAS


(Case C-665/23,
                (1)
Veracash)

(Reference for a preliminary ruling - Payment services in the internal market - Directive 2007/64/EC - Article 56(1)(b) - Obligation for the payment service user to notify the payment service provider ‘without undue delay’ of the loss, theft, misappropriation or unauthorised use of his or her payment instrument - Article 58 - Notification of unauthorised payment transactions - Rectification of such a transaction by the payment service provider subject to the obligation for the user of those services to notify that transaction ‘without undue delay … and no later than 13 months after the debit date’ - Articles 60 and 61 - Respective liabilities of the payment service provider and of the payer for unauthorised payment transactions - Successive unauthorised payment transactions resulting from the loss, theft, misappropriation or unauthorised use of a payment instrument - Delayed notification without intent or gross negligence - Scope of the right to a refund)
(C/2025/5066)
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Appellant: IL

Respondent: Veracash SAS

Operative part of the judgment







1.


Article 58 of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC
must be interpreted as meaning that the payment service user is, in principle, deprived of the right to obtain rectification of a transaction if he or she did not notify his or her payment service provider without undue delay on becoming aware of an unauthorised payment transaction, even though he or she notified it to that payment service provider within 13 months after the debit date.










2.


Article 58, Article 60(1) and Article 61(2) of Directive 2007/64, read in conjunction with Article 56(1)(b) thereof,
must be interpreted as meaning that, in the event of an unauthorised payment transaction resulting from the use of a lost, stolen or misappropriated payment instrument, or from any unauthorised use of such an instrument, and where that transaction has been notified by the payer to his or her payment service provider within 13 months after the debit date, that payer is – in principle and except where that payer has acted fraudulently – to be deprived of his or her right to obtain actual rectification of that transaction only if he or she delayed in notifying it to his or her payment service provider with intent or gross negligence consisting in a serious breach of a duty of care.










3.


Article 58, Article 60(1) and Article 61(2) of Directive 2007/64, read in conjunction with Article 56(1)(b) thereof,
must be interpreted as meaning that, in the event of successive unauthorised payment transactions, resulting from the use of a lost, stolen or misappropriated payment instrument or any unauthorised use of such an instrument, and where the payer, while observing the 13-month time limit after the debit dates of those transactions, partially delayed in notifying them to his or her payment service provider with intent or gross negligence, that payer is, in principle, deprived of the right to obtain a refund only of the losses resulting from the transactions which he or she delayed in notifying to his or her payment service provider with intent or gross negligence.






(1)  OJ C, C/2024/1242.


ELI: http://data.europa.eu/eli/C/2025/5066/oj
ISSN 1977-091X (electronic edition)