§8.2 Definition of ‘fees’

Article 19 should apply to all kind of fees which are linked to a means of payment, regardless of how they are presented to consumers. — For example, fees referred to as administration, booking or handling fees , should be covered by Article 19 if they can be avoided by using a specific means of payment. Discounts granted to consumers for the use of a certain means of payment, most typically direct debit, should not automatically be considered ‘fees’ charged for use of other available means of payment, within the meaning of Article 19. This is because the ‘discount’ may be based on the trader’s legitimate interest in encouraging the use of certain means of payment that are more efficient in relation to his business structure (149). However, it cannot be excluded that surcharging, within the meaning of Article 19, might be achieved by giving identical or different discounts to various means of payment whilst leaving, for instance, only 1 or 2 payment methods outside the discount scheme. Each discount scheme would have to be assessed for compatibility with Article 19 on a case-by-case basis. Article 19 regulates ‘fees’ charged in respect of the use of a given means of payment. It does not prevent traders from charging different prices for the same goods or services when sold through different sales channels. — For example, a higher price might be charged for a concert ticket issued directly at the theatre and a lower price charged at other sales premises.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07