EU regulatory register · PSD2
Article 63Derogation for low value payment instruments and electronic money
CELEX 32015L2366 · Read on 2026-08-18
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
1. In the case of payment instruments which, according to the framework contract, solely concern individual payment transactions not exceeding EUR 30 or which either have a spending limit of EUR 150, or store funds which do not exceed EUR 150 at any time, payment service providers may agree with their payment service users that:
(a)
point (b) of Article 69(1), points (c) and (d) of Article 70(1), and Article 74(3) do not apply if the payment instrument does not allow its blocking or prevention of its further use;
(b)
Articles 72 and 73, and Article 74(1) and (3), do not apply if the payment instrument is used anonymously or the payment service provider is not in a position for other reasons which are intrinsic to the payment instrument to prove that a payment transaction was authorised;
(c)
by way of derogation from Article 79(1), the payment service provider is not required to notify the payment service user of the refusal of a payment order, if the non-execution is apparent from the context;
(d)
by way of derogation from Article 80, the payer may not revoke the payment order after transmitting the payment order or giving consent to execute the payment transaction to the payee;
(e)
by way of derogation from Articles 83 and 84, other execution periods apply.
2. For national payment transactions, Member States or their competent authorities may reduce or double the amounts referred to in paragraph 1. They may increase them for prepaid payment instruments up to EUR 500.
3. Articles 73 and 74 of this Directive shall apply also to electronic money as defined in point (2) of Article 2 of Directive 2009/110/EC, except where the payer’s payment service provider does not have the ability to freeze the payment account on which the electronic money is stored or block the payment instrument. Member States may limit that derogation to payment accounts on which the electronic money is stored or to payment instruments of a certain value.
Judgments of the Court of Justice
1 decisions
- C-287/19Court of Justice of the European Union
DenizBank AG v Verein für Konsumenteninformation
Reference for a preliminary ruling – Consumer protection – Directive (EU) 2015/2366 – Payment services in the internal market – Article 4(14) – Concept of ‘payment instrument’ – Personalised multifunctional bank cards – Near-field communication (NFC) functionality – Article 52(6)(a) and Article 54(1) – Information to be provided to users – Change in the conditions of a framework contract – Tacit consent – Article 63(1)(a) and (b) – Rights and obligations related to payment services – Derogation for low-value payment instruments – Conditions under which applicable – Payment instrument that does not allow its blocking – Payment instrument used anonymously – Limitation of the temporal effects of the judgment.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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