MIL-OSI Europe: Answer to a written question – Is freezing the bank accounts of elected citizens and political opponents in France anti-democratic? – E-000107/2025(ASW)

Banks and credit institutions, like other economic operators, have in principle the freedom to decide with whom they want to enter into a contract or maintain a business relationship.

To ensure the right of consumers to have access to financial services, Article 16 of the Payment Accounts Directive (PAD)[1] gives all consumers legally resident in the EU the right to open and use a payment account with basic features (PABF), subject to certain derogations, including in view of anti-money laundering rules. Article 19 of PAD also lays down the specific circumstances under which a PABF can be unilaterally terminated[2].

The Commission is also committed to safeguarding non-discrimination of citizens with regards to their access to a payment account. Article 15 of PAD requires Member States to ensure that credit institutions do not discriminate against consumers legally resident in the EU by reason of their nationality or place of residence or of any other ground as referred to in Article 21 of the Charter of Fundamental Rights (including political opinion) when consumers apply for or access a payment account.

The responsibility for the enforcement of these provisions in individual cases lies with the national authorities and courts. The Commission, in case of suspicion of a breach of EU law by the national authorities, may decide to investigate the matter further and contact the national authorities to obtain further information.

• [1] Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features Text with EEA relevance, OJ L 257, 28.8.2014, p. 214-246.
• [2] Including the deliberate use of the account for illegal purposes, no transaction for more than 24 consecutive months, incorrect information provided where the correct information would have resulted in the absence of such a right, the consumer is no longer legally resident in the EU, the consumer has subsequently opened a second payment account.