on the interpretation of the civil law concept of gross negligence in the context of the Act on the Provision of Payment Services
On the basis of a motion for a preliminary ruling submitted by Panel No. P.VI of the Curia of Hungary, the Uniformity Panel of the Curia has issued the following uniformity decision:
1. When applying Section 45 (3) of Act LXXXV of 2009 on the Provision of Payment Services, the concept of gross negligence should be interpreted to mean that the client was subjectively aware of the consequences of his/her conduct and had to expect that damage would be caused, and that negligence was committed to an extent that was close to intent. That is, with regard to adverse consequences, it can be established that the client demonstrated a high degree of indifference and irresponsibility.
2. The Panel of the Curia, which put forward the motion, may not diverge from the interpretation of law expounded in Decision No. Pfv.20.685/2024/5.