Request for a preliminary ruling from the Cour de cassation (France) lodged on 9 November 2023 – IL v Veracash SAS

(Case C-665/23, Veracash)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Appellant: IL

Respondent: Veracash SAS

Questions referred

Must Articles 56, 58, 60 and 61 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, ¹ be interpreted as meaning that the payer is deprived of the right to reimbursement of the amount of an unauthorised transaction if he delayed in notifying his payment service provider of the unauthorised payment transaction, even though he did so within 13 months from the debit date?

In the event that the answer to Question 1 is in the affirmative, is the deprivation of the payer’s right to reimbursement conditional on the fact that the lateness of the notification is intentional or the result of gross negligence on the part of the payer?

In the event that the answer to Question 1 is in the affirmative, is the payer deprived of the right to reimbursement of all the unauthorised transactions or only those which could have been prevented if the notification had not been late?

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¹ OJ 2007 L 319, p. 1.