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ARTICLE · 19 AUGUST 2026

PSD2 And Intermediated Payments: CJEU Judgment Clarifies Scope

The Court of Justice of the European Union has ruled on whether an intermediary providing security deposit services falls within the scope of the Payment Services Directive 2. The judgment clarifies when funds transfer activities constitute regulated payment services versus ancillary functions to a primary business offering. This decision has significant implications for financial service providers operating in the European Union.

European UnionFinance and Banking

On 16 July 2026, the Court of Justice of the European Union (the CJEU) delivered its judgment in Betaal Garant Nederland CV v De Nederlandsche Bank NV (Case C‑51/25). This follows the Advocate General’s opinion which was published in February 2026.

Facts of the case

The case concerned a Dutch company, Betaal Garant Nederland CV (Betaal), which provided security deposit and completion guarantee products to individuals engaged in construction projects.

Under Betaal’s security deposit product, a client, a contractor and Betaal entered into a tripartite agreement. Under that agreement, the client transferred the security deposit from its payment account to the payment account of Stichting BGN Zekerheidsstelling, a foundation linked to Betaal (the Foundation). If the works contract was performed satisfactorily, the Foundation instructed its bank to transfer the sum from its payment account to the contractor’s payment account.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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