Case C-304/16: 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 (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)
Date: 2018-02-07
Institutions: Court of Justice
Subjects: bank charges, electronic banking, electronic money, financial services, intra-EU payment, law of banking








C_2018123EN.01000201.xml










9.4.2018   


EN


Official Journal of the European Union


C 123/2





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)

((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

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

Parties to the main proceedings


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

Defendant: The Lords Commissioners of Her Majesty’s Treasury

Intervening parties: Diners Club International Limited, MasterCard Europe SA

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;










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.






(1)  OJ C 270, 25.7.2016.