Two businesses suffered a computer attack by phishing which led to the payment of 6 transfers to foreigner accounts. They have unsuccessfully asked their bank for reimbursement of these unauthorized payment transactions. They take the matter to court and summon the bank for repayment.

The Court of Appeal ordered the bank to repay the businesses for 50% of the losses incurred. For the Bank, it has failed to fulfill its obligations to monitor and supervise its systems. The bank is appealing to the Court of Cassation.

The Court of Cassation quashes and quashes the judgment on appeal. It submits that the liability of the bank was not accepted by the Court of Appeal because of the negligence of the client businesses. Thus, only the latter must bear the losses incurred.

Thus, the bank does not have to repay the customer who is the victim of a bank scam where he has been grossly negligent.