Are surcharges for PayPal and SOFORT transactions in Germany allowed?
Whether surcharges by merchants for PayPal and SOFORT transactions are prohibited pursuant Art. 62 (4) of Directive (EU) 2015/2366 (“PSD2”) as transposed into German law has been subject to discussions amongst German legal authors. On 10 October 2019, the higher regional court (Oberlandesgericht –“OLG”) Munich ruled that both PayPal and SOFORT transactions can be subject to surcharges, as they do not fall within the scope of the provisions for surcharges under PSD2 as transposed into German law.