# C_2018123EN.01000201.xml

| 9.4.2018 | EN | Official Journal of the European Union | C 123/2 |
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9.4.2018

EN

Official Journal of the European Union

C 123/2

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Judgment of the Court (First Chamber) of 7 February 2018 (request for a preliminary ruling from the High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) — United Kingdom) — The Queen, on the application of: American Express Company v The Lords Commissioners of Her Majesty’s Treasury

(Case C-304/16) (1)

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((Reference for a preliminary ruling - Regulation (EU) 2015/751 - Interchange fees for card-based payment transactions - Article 1(5) - Three party payment card scheme treated as equivalent to a four party payment card scheme - Conditions - Issuance by a three party payment card scheme of card-based payment instruments ‘with a co-branding partner or through an agent’ - Article 2(18) - Concept of ‘three party payment card scheme’ - Validity))

(2018/C 123/02)

Language of the case: English

Referring court

Referring court

High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court)

Parties to the main proceedings

Parties to the main proceedings

Applicant: The Queen, on the application of: American Express Company

Applicant:

Defendant: The Lords Commissioners of Her Majesty’s Treasury

Defendant:

Intervening parties: Diners Club International Limited, MasterCard Europe SA

Intervening parties:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 1(5) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions must be interpreted as meaning that, in the context of an arrangement between a co-branding partner or an agent, on the one hand, and a three party payment card scheme, on the other, it is not a prerequisite of that scheme being regarded as issuing card-based payment instruments with a co-branding partner or through an agent and therefore being considered to be a four party payment card scheme, within the meaning of Article 1(5) of Regulation 2015/751, that that co-branding partner or agent act as an issuer, within the meaning of Article 2(2) of that regulation; |
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1.

Article 1(5) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions must be interpreted as meaning that, in the context of an arrangement between a co-branding partner or an agent, on the one hand, and a three party payment card scheme, on the other, it is not a prerequisite of that scheme being regarded as issuing card-based payment instruments with a co-branding partner or through an agent and therefore being considered to be a four party payment card scheme, within the meaning of Article 1(5) of Regulation 2015/751, that that co-branding partner or agent act as an issuer, within the meaning of Article 2(2) of that regulation;

| 2. | Consideration of the second question referred for a preliminary ruling has disclosed nothing capable of affecting the validity of Article 1(5) and Article 2(18) of Regulation 2015/751. |
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2.

Consideration of the second question referred for a preliminary ruling has disclosed nothing capable of affecting the validity of Article 1(5) and Article 2(18) of Regulation 2015/751.

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(1)  OJ C 270, 25.7.2016.

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