Subject of Dispute: Recovery of debt under a credit agreement from a bank client, which arose as a result of fraudulent transactions with her bank card.
Main Arguments of the Court:
1. The Supreme Court established that the bank did not prove the client’s guilt in the loss or disclosure of personal data that allowed fraudulent transactions to be carried out.
2. The client is not liable for transactions made without her physical presence and without electronic identification, as the bank did not provide irrefutable evidence of her involvement in the fraud.
3. The mere fact of correct data entry during transactions cannot automatically indicate the client’s guilt.
Court Decision: The Supreme Court completely overturned the decision of the appellate court and upheld the decision of the first instance court to refuse to recover the debt from the bank client.
