# C_2020061EN.01002102.xml

| 24.2.2020 | EN | Official Journal of the European Union | C 61/21 |
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24.2.2020

EN

Official Journal of the European Union

C 61/21

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 13 December 2019 — Fédération bancaire française (FBF) v Autorité de contrôle prudentiel et de résolution (ACPR)

(Case C-911/19)

(2020/C 61/26)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Fédération bancaire française (FBF)

Defendant: Autorité de contrôle prudentiel et de résolution (ACPR)

Questions referred

| 1. | May an action be brought under Article 263 of the Treaty on the Functioning of the European Union for annulment of guidelines issued by a European supervisory authority? If so, is it open to a professional federation to challenge, by means of an action for annulment, the validity of guidelines intended for the members whose interests it protects but which are not of direct or individual concern to it? |
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1.

May an action be brought under Article 263 of the Treaty on the Functioning of the European Union for annulment of guidelines issued by a European supervisory authority? If so, is it open to a professional federation to challenge, by means of an action for annulment, the validity of guidelines intended for the members whose interests it protects but which are not of direct or individual concern to it?

| 2. | In the event of a negative answer to either of the questions raised in paragraph 1, may guidelines issued by a European supervisory authority be the subject of a reference for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union? If so, is it open to a professional federation to challenge, by means of a plea of invalidity, guidelines intended for the members whose interests it protects and which are not of direct or individual concern to it? |
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2.

In the event of a negative answer to either of the questions raised in paragraph 1, may guidelines issued by a European supervisory authority be the subject of a reference for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union? If so, is it open to a professional federation to challenge, by means of a plea of invalidity, guidelines intended for the members whose interests it protects and which are not of direct or individual concern to it?

| 3. | In the event that it is open to the Fédération bancaire française to challenge, by means of a plea of invalidity, the Guidelines adopted by the European Banking Authority on 22 March 2016, did that Authority, in issuing those guidelines, exceed the powers conferred on it under Regulation No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority)? (1) |
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3.

In the event that it is open to the Fédération bancaire française to challenge, by means of a plea of invalidity, the Guidelines adopted by the European Banking Authority on 22 March 2016, did that Authority, in issuing those guidelines, exceed the powers conferred on it under Regulation No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority)? (1)

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(1)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ 2010 L 331, p. 12).

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