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Title: EU Payment Surcharges Rules Lacking Teeth: Evidence from empirical studies into the control of surcharges in the EU and UK travel industry
Authors: Riefa, C
Issue Date: 2018
Publisher: Sweet and Maxwell
Citation: European Law Review
Abstract: This article explores the effectiveness of EU legislation controlling the use of payment surcharges. Using original empirical studies conducted in the travel industry, it demonstrates that, not only have the successive attempts of EU legislation failed to tackle the problem, but the latest instalment of reforms is also lacking teeth. This is primarily because the Payment Services Directive (PSD2) introduces a ban for payments subject to the MIF Regulation , without widening its scope. The PSD2 also subjected other payment methods not covered by the MIF Regulation to a cap on ‘excessive’ surcharges. This cap was first introduced by the Directive on Consumer Rights (CRD) , without attempting to solve the problems this mechanism presents, nor limiting the option for Member States to choose whether or not to limit or ban surcharges altogether. In order to provide effective protection to consumers, this article calls for an EU-wide ban, across all sectors and on all payment methods, regardless of the geographical location of the trader’s acquiring bank.
ISSN: 0307-5400
Appears in Collections:Dept of Politics, History and Law Embargoed Research Papers

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