Case C-798/24, Jautiva: Request for a preliminary ruling from the Satversmes tiesa (Latvia) lodged on 19 November 2024 – A and Others v Latvijas Republikas Saeima
Date: 2024-11-19
Institutions: Court of Justice
Subjects: business management, data protection, data-processing law, disclosure of information, personal data, protection of privacy, public limited company, shareholder








C_202500895EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/895


17.2.2025






Request for a preliminary ruling from the Satversmes tiesa (Latvia) lodged on 19 November 2024 – A and Others v Latvijas Republikas Saeima


(Case C-798/24, Jautiva)
                (1)

(C/2025/895)
Language of the case: Latvian

Referring court

Satversmes tiesa

Parties to the main proceedings


Applicants: A and Others

Institution responsible for the measure the constitutionality of which is called in question: Latvijas Republikas Saeima

Questions referred







1.


Must the concept of persons who ‘take part in the administration, supervision or control of the company’, used in Article 14(d) of Directive 2017/1132, (2) be interpreted as referring to any shareholder in a public limited liability company, with the result that a Member State is obliged to disclose the information relating to every shareholder in a public limited company and make it publicly available in the register in accordance with Article 16(3) of Directive 2017/1132?










2.


If the first question is answered in the affirmative, is Article 14(d)(ii) of Directive 2017/1132, in so far as it provides for the disclosure of particulars relating to every shareholder in a public limited liability company, valid in the light of the right to respect for private and family life guaranteed by Article 7 of the Charter and the right to the protection of personal data guaranteed by Article 8 thereof?










3.


Must Article 5(1)(b) of the General Data Protection Regulation (3) be interpreted as meaning that processing the personal data of shareholders in a public limited liability company may serve the purpose, in the first place, of ensuring a transparent business environment and protecting the interests of third parties; in the second place, of preventing money laundering and the financing of terrorism and proliferation; and, in the third place, of providing the information necessary for the enforcement of national, international and European Union sanctions?










4.


Do the principles established in Article 5(1) of the General Data Protection Regulation allow for the establishment, in the interests of those purposes, of national legislation under which any person may obtain the personal data of any shareholder in a public limited liability company without being obliged to demonstrate a legitimate interest in obtaining such data?






(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (codification) (OJ 2017 L 169, p. 46).

(3)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1).


ELI: http://data.europa.eu/eli/C/2025/895/oj
ISSN 1977-091X (electronic edition)