# C_2022482EN.01000501.xml

| 19.12.2022 | EN | Official Journal of the European Union | C 482/5 |
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19.12.2022

EN

Official Journal of the European Union

C 482/5

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Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 22 July 2022 — Novo Banco SA — Sucursal en España, Banco de Portugal, Fundo de Resolução v Proyectos, Obras y Servicios de Badajoz SL

(Case C-500/22)

(2022/C 482/07)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Appellants in the appeal in cassation: Novo Banco SA — Sucursal en España, Banco de Portugal, Fundo de Resolução

Respondent in the appeal in cassation: Proyectos, Obras y Servicios de Badajoz SL

Questions referred

| 1. | Is an interpretation of Article 3(2) of Directive 2001/24 (1) which entails the recognition in a host Member State of the effects of a decision by the competent administrative authority of the home Member State which has not been published in the manner required by Article 6(1) to (4) of Directive 2001/24 compatible with the fundamental right to effective judicial protection under Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’), the general principle of legal certainty and the principle of equality and the prohibition of any discrimination on grounds of nationality under Article 21(2) of the Charter? |
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1.

Is an interpretation of Article 3(2) of Directive 2001/24 (1) which entails the recognition in a host Member State of the effects of a decision by the competent administrative authority of the home Member State which has not been published in the manner required by Article 6(1) to (4) of Directive 2001/24 compatible with the fundamental right to effective judicial protection under Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’), the general principle of legal certainty and the principle of equality and the prohibition of any discrimination on grounds of nationality under Article 21(2) of the Charter?

| 2. | Is an interpretation of Article 3(2) of Directive 2001/24 which entails the recognition in a host Member State of the effects of a decision by the competent administrative authority of the home Member State which transferred back to the failing bank to which the resolution measures were applied the obligations and responsibilities arising from a senior bond which was acquired by a third party while those obligations and responsibilities were in the ownership of the ‘bridge bank’ compatible with the fundamental right to property under Article 17 of the Charter and the general principle of legal certainty? |
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2.

Is an interpretation of Article 3(2) of Directive 2001/24 which entails the recognition in a host Member State of the effects of a decision by the competent administrative authority of the home Member State which transferred back to the failing bank to which the resolution measures were applied the obligations and responsibilities arising from a senior bond which was acquired by a third party while those obligations and responsibilities were in the ownership of the ‘bridge bank’ compatible with the fundamental right to property under Article 17 of the Charter and the general principle of legal certainty?

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(1)  Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (OJ 2001 L 125, p. 15).

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