R (on the application of American Express Company) v Lords Commissioners of Her Majesty's Treasury

European Union – Payment connected with with movement of goods, services or capital. The proceedings between the American Express Company and the Lords Commissioners of Her Majesty's Treasury, UK, concerned the circumstances in which three-party payment card schemes should be considered to be four-party payment card schemes, under art 1(5) of Regulation (EU) 2015/751. The Court of Justice of the European Union held, among other things, that art 1(5) of that regulation should be interpreted as meaning that, in the context of an arrangement between a co-branding partner or an agent and a three-party payment card scheme, it was 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 that article, that that co-branding partner or agent acted as an issuer, within the meaning of art 2(2) of that regulation.

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