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Book 2 · Law of obligations  ›  Subchapter 3 · Liability › Section 676a

Equalisation claim

(1) If the cause for the liability of a payment service provider under sections 675u, 675y and 675z lies within the sphere of responsibility of another payment service provider, a payment initiation service provider or of an intermediary agency, then the payment service provider may demand that the other payment service provider, the payment initiation service provider or the intermediary agency provide compensation for the damage the payment service provider has incurred by satisfying the claims of a payment service user under sections 675u, 675y and 675z.

(2) If it is in dispute between the payer’s account servicing payment service provider and the payment initiation service provider whether or not a payment transaction that has been effected was authorised, the payment initiation service provider must prove that an authentication was performed within their sphere of responsibility and that the payment transaction was properly recorded and was not impaired by a disruption.

(3) If it is in dispute between the payer’s account servicing payment service provider and the payment initiation service provider whether or not a payment transaction has been properly executed, the payment initiation service provider must prove that

1.  the payment order was received by the account servicing payment service provider in accordance with section 675n, and that

2.  the payment transaction was duly and properly recorded within the sphere of responsibility of the payment initiation service provider and was not impaired by a disruption.

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