they can either do what they sold their service as or they can't and if they can't then they should refund everyone.
That would all be nice and fine, except it depends a lot on what legal classification Bitcoin trading falls under at this time. If it's considered more akin to gambling than banking, it could very well be argued that you aren't entitled to any refund. I don't think we'll really know until we see a few Bitcoin-related lawsuits and get the judicial system's take on Bitcoin. Until then what you're seeing is that people mostly expect Bitcoin not to be recognized or protected by the state as any kind of property or real value.
FWIW The French IRS officials have said that they're not sure if Bitcoin is money, a raw material or a liquid asset or the tax applying to added values.
"A l'heure actuelle, nous ne disposons d'aucune information concernant la nature (monnaie, matière première, valeur mobilière ?) des bitcoins et la fiscalité applicable aux plus-values de cessions réalisées.
Regrettant de ne pouvoir répondre à votre attente,
X.Y., CONTROLEUSE FIP"