Valby, February 17, 2026 — The District Court of Sønderborg has confirmed that Sydbank failed to comply with a 2021 order issued by the Danish Competition Council (Konkurrencerådet), ruling that payment institutions and their agents are entitled to access banks’ payment account services on objective, non-discriminatory, and proportionate terms.
The case stems from a June 2021 decision in which the Competition Council found that Sydbank had breached Section 63(1) of the Danish Payments Act by refusing to grant an agent of a payment institution access to its payment account services under the required conditions. Despite the order, the agent was not granted access.
In summer 2023, the Competition Council adopted a follow-up decision concluding that Sydbank had failed to comply with the 2021 order. While Sydbank did not appeal the original 2021 order within the statutory deadline, it challenged the 2023 non-compliance decision before the Competition Appeals Tribunal, which upheld the Council’s findings and ruled that the legality of the 2021 order could no longer be reviewed.
Sydbank subsequently brought the case before the District Court of Sønderborg, seeking to have the 2021 order annulled or the matter reopened. The court rejected those claims, stating that the 2021 decision had become final because it was not appealed in time.
In its judgment, the court clarified that Section 63 of the Payments Act applies not only to payment institutions but also to their agents, including agents of foreign undertakings operating in Denmark. Without access to bank payment account services, payment institutions cannot operate or compete effectively with banks in the market for payment services.
The Danish Competition and Consumer Authority welcomed the ruling, emphasizing that access to banking infrastructure is essential to ensure competition in payment services for businesses and consumers.
The judgment reinforces the obligation on banks to provide payment account access on objective, non-discriminatory, and proportionate terms, in line with the Payments Act’s aim of promoting competition in the financial services sector.
