31.10.2022
EN
Official Journal of the European Union
C 418/7
Operative part of the judgment Point (a) of the first subparagraph of Article 3(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, must be interpreted as meaning that: the concept of ‘any other family members who are members of the household of the Union citizen having the primary right of residence’, mentioned in that provision, refers to persons who have a relationship of dependence with that citizen, based on close and stable personal ties, forged within the same household, in the context of a shared domestic life going beyond a mere temporary cohabitation entered into for reasons of pure convenience.
(1)
OJ C 138, 19.4.2021.
Judgment of the Court (Grand Chamber) of 13 September 2022 (request for a preliminary ruling from the Ustavno sodišče Republike Slovenije — Slovenia) — Banka Slovenije (Case C-45/21) (1) (Reference for a preliminary ruling — European System of Central Banks — National central bank — Directive 2001/24/EC — Reorganisation and winding up of credit institutions — Compensation for damage resulting from the adoption of reorganisation measures — Article 123 TFEU and Article 21.1 of Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank — Prohibition of monetary financing of Member States in the euro area — Article 130 TFEU and Article 7 of that protocol — Independence — Disclosure of confidential information) (2022/C 418/09) Language of the case: Slovenian Referring court Ustavno sodišče Republike Slovenije
Parties to the main proceedings Applicant: Banka Slovenije Other party: Državni zbor Republike Slovenije
Operative part of the judgment 1.
Article 123(1) TFEU and Article 21.1 of Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank must be interpreted as not precluding national legislation which provides that a national central bank belonging to the European System of Central Banks is liable, from its own funds, for damage suffered by former holders of financial instruments cancelled by it pursuant to reorganisation measures, within the meaning of 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, ordered by that central bank, where it appears, during subsequent court proceedings, that either that cancellation was not necessary in order to ensure the stability of the financial system, or that those former holders of financial instruments suffered greater losses as a result of that cancellation than they would have suffered in the event of the insolvency of the financial institution concerned, to the extent that the central bank in question is held liable only where it or the persons whom it authorised to act on its behalf acted in serious breach of their duty to exercise due care;