Navigation path

Additional tools

ID 1060. Access to payment systems
IBAN and BIC correct, although costs Back

Relevant provisions

General question on Directive 2007/64/EC
General question on Directive 2007/64/EC

Question

Hello,
I transferred 300 EUR from my Austrian bank account to a bank account of an online shop in Germany at Deutsche Bank.
IBAN and BIC were correct. The name of the account owner was incorrect Deutsche Bank checked that and did not accept this payment. Therefore they charged me 15 EUR. Within Austria this would not be correct because Austria put into place the ZaDiG which reflects the PDS from EU. It says only if the unique identifier are incorrect it is allowed to charge costs to the customer.
Is this PDS not transferred into German valid law? Should this not be all the same within EUR? And should EUR payments not be traded like national payments? What can I do? The two banks say they are not responsible.

Kind regards,

Maria

Answer

Article 74(1) of the PSD states that the bank of the payer is obliged to execute the payment order in accordance with the unique identifier, IBAN and BIC in the case of a cross-border credit transfer. The PSD does not oblige the payer's or the payee's payment service provider to check the concordance between the unique identifier and the name of the payee mentioned on the payment order - see Article 74(3). The law does not address the case where banks perform such checks, and where the unique identifier does not match with the name of the payee. Some banks may decide, in such circumstances, to return the payment to the payer. At the same time, the PSD does not attribute, in this case, the liability for non-execution of the transaction to the payment service user. Consequently, unless the contract with the bank specifies otherwise, the payer shall not be charged for such a return transaction by any of the banks involved.
Issues of correct application of the PSD can be raised with the authorities responsible for supervision of the PSD: in Austria the Finanzmarktaufsicht (www.fma.gov.at) or in Germany the Bundesanstalt für Finanzdienstleistungsaufsicht - BaFin (www.bafin.de).



Date

Submitted on 20/07/2011

Legislative Area

Show content only for:

All
Asset management
Capital Requirements Directives (CRD)
Markets in Financial Instruments Directive
Payment services

Quick Question Search

Advanced