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Payments & FinTech Lawyer

The Interchange Fee Regulation and PSD2: Two important CJEU judgments

The Court of Justice of the European Union (‘CJEU’) has handed down two important judgments interpreting the EU Interchange Fee Regulation (‘IFR’) and the revised Payment Services Directive (‘PSD2’). More precisely, the CJEU has confirmed the applicability of the IFR interchange fee (‘IF’) caps to three-party scheme (‘3PS’) cards/transactions that involve an ‘agent’ or a ‘co-branding partner,’ and provided clarity on the extent to which 3PS are subject to Article 35 PSD2 on ‘access to payment systems.’ Scott McInnes, Partner at Bird & Bird, provides analysis of these two important judgments.

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