Case C-611/24, Upravitelen savet na Balgarska narodna banka: Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 19 September 2024 – MA v Upravitelen savet na Balgarska narodna banka
Date: 2024-09-19
Institutions: Court of Justice
Subjects: European System of Central Banks, Protocol (EU), board of directors, central bank, dismissal, non-profit organisation, shareholder, shareholding








C_202502838EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2838


2.6.2025






Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 19 September 2024 – MA v Upravitelen savet na Balgarska narodna banka


(Case C-611/24, Upravitelen savet na Balgarska narodna banka)

(C/2025/2838)
Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings


Applicant: MA

Defendant: Upravitelen savet na Balgarska narodna banka

Questions referred







1.


Are the criteria for dismissal of the Governor and the procedure for challenging the dismissal decision laid down in Article 14.2 of the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank to be interpreted as applying to all members of the decision-making bodies of a national central bank?










2.


If Question 1 is answered in the negative: Does Article 14.2 of the Protocol (No 4) on the Statute of the [ESCB and of the ECB] permit national legislation which introduces the same criteria for the dismissal of members of the decision-making bodies of a national central bank as those laid down for the Governor by that legislative provision?










3.


Does Article 14.2 of the Protocol (No 4) on the Statute of the [ESCB and of the ECB] permit the holding of the office of Governor of a national central bank to be compatible with being a shareholder in a capital company who is entitled to a share of the profits of the company in relation to his shareholding?










4.


Does Article 14.2 of the Protocol (No 4) on the Statute of the [ESCB and of the ECB] permit the holding of the office of Governor of a national central bank to be compatible with being a member of the management body of a non-profit legal entity which, according to its statutes, may engage in an economic activity, without a unanimous decision by the board of directors of a national central bank being adopted, as required by national law for performing a non-remunerated activity?










5.


Do Article 131 of the Treaty on the Functioning of the European Union and Article 7 of the Protocol (No 4) on the Statute of the [ESCB and of the ECB] permit national legislation which requires the members of the decision-making bodies of a national central bank, in their capacity as persons holding public office as defined by national law, to declare to the competent public authority, within a specified period of time from taking office, their participation as shareholders in capital companies and their participation in the management bodies of non-profit legal entities?










6.


Do Article 131 [TFEU] and Article 14.2 of the Protocol (No 4) on the Statute of the [ESCB and of the ECB] permit national legislation which requires a Governor of a national central bank, in his capacity as a person holding public office as defined by national law, to take, within a specified period of time from taking office, measures to put an end to his participation as a shareholder in a capital company and his participation as a member of the management bodies of non-profit legal entities?










7.


Does Article 14.2 of the Protocol (No 4) on the Statute of the [ESCB and of the ECB] permit an interpretation to the effect that a Governor of a national central bank, who has eliminated an incompatibility with his holding of office outside the statutory period of time, is to be treated as not fulfilling the conditions required for the performance of his duties?










8.


Do Article 131 [TFEU] and Articles 7 and 14.2 of the Protocol (No 4) on the Statute of the [ESCB and of the ECB] permit national legislation which allows the authority responsible for establishing the grounds for dismissal to assess, for the purposes of and in the context of that particular procedure, whether the person concerned has been guilty of serious misconduct within the meaning of Article 14.2 of the Statute of the [ESCB and of the ECB]?






ELI: http://data.europa.eu/eli/C/2025/2838/oj
ISSN 1977-091X (electronic edition)