Key points
- The issue: a payment institution had transferred the entire balance of an account at the Caisse des dépôts following a report of fraud, and had subsequently closed the account.
- Decision: the court ruled that this transfer was unauthorised, as the customer had not given their consent, and ordered its full reimbursement.
- Outcome: reimbursement of approximately €294,000, plus interest accrued since July 2024 (which itself bears interest), and €5,000 in legal costs.
Funds transferred to a third party without the customer’s consent: payment service provider ordered to reimburse
On 16 October 2026, the Paris Commercial Court (Case No. J2025000247) ordered the payment service provider for the Qonto brand to refund approximately €294,000 to a client of Goldwin Avocats. The dispute centred on a service provider’s powers in the event of suspected fraud. It is relevant to any business facing the closure of its bank account.
A balance transferred to the Caisse des dépôts without the client’s instruction
On 12 July 2024, Olinda transferred the entire balance of a training organisation to the Caisse des dépôts et consignations. This payment institution, which is authorised to hold accounts, operates under the brand name Qonto. The customer had not given any instruction, and their account was closed shortly afterwards.
The transfer was based on two letters from the Caisse des dépôts dated 2 and 9 July 2024, referring to fraud involving the personal training account. They requested that the funds be frozen and that only the sums paid by the Caisse be returned. They were targeting the Caisse’s funds, not the entire balance.
Company A, which took over the client and is continuing the proceedings, was represented by Goldwin Avocats.
Why the closure of the account did not authorise this transfer
An account closed by the bank does not give the bank any rights over the balance: Olinda is ordered to repay the full amount of the funds.
Article L. 561-8 of the Monetary and Financial Code requires heightened vigilance regarding suspicious transactions. These rules, which also serve to hold the bank liable, only authorise the suspension of transactions, the termination of the relationship or the alerting of Tracfin. Such vigilance authorises the freezing of funds, not their appropriation.
Olinda’s three arguments were dismissed:
| The bank’s argument | The court’s response |
|---|---|
| Anti-money laundering vigilance | No authority to dispose of the client’s assets |
| Clause 6.6 of the 2023 terms and conditions | Not applicable: two-month notice period not observed |
| Letters from the Caisse des dépôts | A simple warning, without judgement or seizure |
The transfer is therefore an unauthorised payment transaction, which Article L. 133-18 of the same Code requires to be reimbursed immediately.
Funds transferred without your consent: how to seek restitution
A company whose service provider has transferred funds to a third party may seek restitution without waiting for the outcome of a fraud investigation. The court has not, in fact, ruled on this point. Target the authorised institution holding the account, not the group’s holding company.
Proceed in the following order:
- Request, in writing, details of the transaction and the legal basis for it.
- Challenge the transfer by serving a formal notice, a letter demanding restitution.
- Take the matter to court to obtain reimbursement and interest at an increased rate.
We have secured the return of the entire balance, with interest from July 2024. However, each situation must be assessed on a case-by-case basis.
Has your bank or digital bank closed your account or transferred your funds? Contact one of our contract law solicitors to review your terms and conditions and your options for redress.
Related areas of expertise
Commercial and Business Law › Contract law solicitor in Paris
Frequently asked questions about accounts closed by the bank
Yes, if the contract so provides and if its duty of care requires it to do so. In this case, the court accepted that the alerts received justified increased vigilance, or even the suspension of transactions and the termination of the contract. However, closing the account does not allow the funds to be retained: the balance remains payable to the account holder.
No, not without your consent, a valid clause or an enforceable instrument, that is to say, a judgement or a document permitting compulsory recovery. According to this judgement, the right to claim reimbursement of an undue payment, as provided for in Article 1302 of the Civil Code, lies with the person who made the payment. The service provider cannot take the law into their own hands on behalf of that third party.
No, not for a payment services contract. Article L. 314-13 of the Monetary and Financial Code requires the proposed amendment to be sent in paper form or via a durable medium two months before it comes into force. The customer must also be informed of their right to refuse and to cancel without incurring any charges. According to the court, an email containing a link is not sufficient.
Jonathan BELLAICHE
