CJEU clarifies the interpretation of PSD2 rules on unauthorised payments
15 October 2026 - 2 min Reading time
We take note of the judgment of the Court of Justice of the European Union. This decision provides clarification that falls squarely within the Court’s remit, namely to ensure the uniform interpretation of European directives throughout the European Union. Such legal certainty is in the interests of all parties concerned, whether consumers, banks or courts and tribunals.
This judgment provides clarification on the interpretation of PSD2 rules regarding immediate reimbursement following an unauthorised payment transaction. Until now, this legislative provision had been subject to differing interpretations. In its judgment, the Court also emphasises that, until now, the relevant provision of PSD2 rules was not unequivocal and was open to two possible interpretations.
As always, banks will apply the legislation in accordance with the applicable legal framework. They will therefore carefully analyse this decision and align themselves with the interpretation adopted by the Court of Justice of the European Union.
The PSD2 rules will remain applicable until the new legislative framework, namely the PSR, enters into force. The PSR provides for a different regime in this regard and will grant banks a reasonable period of 15 days to decide on the reimbursement of an unauthorised payment transaction.
