# C_2016335EN.01003301.xml

| 12.9.2016 | EN | Official Journal of the European Union | C 335/33 |
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12.9.2016

EN

Official Journal of the European Union

C 335/33

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Request for a preliminary ruling from the Bundesverwaltungsgericht (Austria) lodged on 31 May 2016 — Corbin Opportunity Fund, L.P. and Others

(Case C-309/16)

(2016/C 335/44)

Language of the case: German

Referring court

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Parties to the main proceedings

Applicant: Corbin Opportunity Fund, L.P., Corbin Capital Partners, Redwood Drawdown Master Fund, L.P., Redwood Opportunity Master Fund Ltd, Redwood Capital Management LLC, Pontus Holdings Ltd, RMF Financial Holdings Sàrl

Applicant:

Defendant: FMA Österreichische Finanzmarktaufsichtsbehörde

Defendant:

Questions referred

Questions referred

| 1. | Is Directive 2014/59/EU (1) of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council, in particular Article 1(1) and Article 2(1)(2) thereof, applicable ratione temporis and ratione materiae to the case of a resolution company like that in the main proceedings whose resolution had already been started, through mechanisms provided for at national level, before the expiry of the period for transposition of the directive and continues to be carried out in the period after the expiry of the period for transposition on the basis of the national rules transposing the abovementioned directive? |
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1.

Is Directive 2014/59/EU (1) of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council, in particular Article 1(1) and Article 2(1)(2) thereof, applicable ratione temporis and ratione materiae to the case of a resolution company like that in the main proceedings whose resolution had already been started, through mechanisms provided for at national level, before the expiry of the period for transposition of the directive and continues to be carried out in the period after the expiry of the period for transposition on the basis of the national rules transposing the abovementioned directive?

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ratione temporis

ratione materiae

| 2. | Does Directive 2014/59/EU confer on creditors of such a resolution company which have applied to the resolution authority, requesting it to ‘examine and prohibit’ the conclusion with other creditors of certain legal transactions planned or already entered into by the resolution company (for example a court arrangement with creditors), rights for whose protection they have access to an administrative and judicial procedure? |
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2.

Does Directive 2014/59/EU confer on creditors of such a resolution company which have applied to the resolution authority, requesting it to ‘examine and prohibit’ the conclusion with other creditors of certain legal transactions planned or already entered into by the resolution company (for example a court arrangement with creditors), rights for whose protection they have access to an administrative and judicial procedure?

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(1)  OJ 2014 L 173, p. 190.

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