# C_2011113EN.01000302.xml

| 9.4.2011 | EN | Official Journal of the European Union | C 113/3 |
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9.4.2011

EN

Official Journal of the European Union

C 113/3

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Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 January 2011 — Markus Geltl v Daimler AG

(Case C-19/11)

2011/C 113/05

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Markus Geltl

Applicant:

Defendant: Daimler AG

Defendant:

Questions referred

Questions referred

| 1. | For the purposes of applying Article 1(1) of Directive 2003/6/EC (1) and Article 1(1) of Directive 2003/124/EC, (2) is account to be taken, in the case of a protracted process intended, over the course of a number of intermediate steps, to bring about a particular circumstance or to generate a particular event, only of whether that future circumstance or future event is to be regarded as precise information within the meaning of those provisions of the directive, meaning that it must be examined whether that future circumstance or future event may reasonably be expected to occur, or, in the case of a protracted process of this kind, can intermediate steps which already exist or have already occurred and which are connected with bringing about the future circumstance or event also constitute precise information within the meaning of the aforementioned provisions of the directive? |
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1.

For the purposes of applying Article 1(1) of Directive 2003/6/EC (1) and Article 1(1) of Directive 2003/124/EC, (2) is account to be taken, in the case of a protracted process intended, over the course of a number of intermediate steps, to bring about a particular circumstance or to generate a particular event, only of whether that future circumstance or future event is to be regarded as precise information within the meaning of those provisions of the directive, meaning that it must be examined whether that future circumstance or future event may reasonably be expected to occur, or, in the case of a protracted process of this kind, can intermediate steps which already exist or have already occurred and which are connected with bringing about the future circumstance or event also constitute precise information within the meaning of the aforementioned provisions of the directive?

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| 2. | Does reasonable expectation within the meaning of Article 1(1) of Directive 2003/124/EC require that the probability be assessed as predominant or high, or does the reference to circumstances which may reasonably be expected to come into existence or events which may reasonably be expected to occur imply that the degree of probability depends on the extent of the effects on the issuer and that, where prices are highly likely to be affected, it is sufficient if the occurrence of the future circumstance or event is uncertain but not improbable? |
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2.

Does reasonable expectation within the meaning of Article 1(1) of Directive 2003/124/EC require that the probability be assessed as predominant or high, or does the reference to circumstances which may reasonably be expected to come into existence or events which may reasonably be expected to occur imply that the degree of probability depends on the extent of the effects on the issuer and that, where prices are highly likely to be affected, it is sufficient if the occurrence of the future circumstance or event is uncertain but not improbable?

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(1)  Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse); OJ L 96, 12.4.2003, p. 16.

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(2)  Commission Directive 2003/124/EC of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards the definition and public disclosure of inside information and the definition of market manipulation (Text with EEA relevance); OJ 2003 L 339, p. 70.

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