The Frankfurt am Main Regional Court (Oberlandesgericht) has ruled that a bank must compensate a customer for damages if their debit card goes missing during shipping and unauthorized individuals use it to withdraw money. The court issued this decision, which overturned a lower court’s ruling, regarding a dispute brought by a account holder against his savings bank.
The customer opened a new current account in late June 2019, moving approximately €300,000 into it. The savings bank subsequently sent the associated debit card to his address in Frankfurt. Before the customer even received the card, two later criminally convicted perpetrators used it between June 30 and August 27, 2019, to make nearly 220,000 in 210 separate transactions. At the time, the customer was abroad and only managed to block the account after his return. While the savings bank compensated for part of the loss, it refused to reimburse the remaining sum of around €66,000.
The District Court had initially dismissed the customer’s claim. However, the 17th Civil Senate of the Regional Court adopted a different view. The court reasoned that because the customer never took possession of the card, he had not violated any duties regarding protection against unauthorized access. Furthermore, the statutory liability rules were considered conclusive. The court noted that there was no evidence of grossly negligent safekeeping because the customer was unaware of the exact shipping date. The savings bank retains the option to appeal the decision to the Federal Court of Justice.
