CELEX: 62016CA0304
Language: en
Date: 2018-02-07 00:00:00
Title: 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)

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.