C 418/8
EN
Official Journal of the European Union
31.10.2022
2.
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 precluding national legislation which provides that a national central bank belonging to the European System of Central Banks is liable, from its own funds, within predetermined limits, for damage suffered by former holders of financial instruments cancelled by it pursuant to reorganisation measures, within the meaning of Directive 2001/24, ordered by that central bank, only on condition that: first, those former holders are natural persons whose annual income is below a threshold defined by that legislation and second, the former holders waive entitlement to compensation for that damage by means of another legal remedy. 3.
Article 130 TFEU and Article 7 of Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank must be interpreted as precluding national legislation which provides that a national central bank belonging to the European System of Central Banks is liable for damage caused by the cancellation of financial instruments, pursuant to reorganisation measures, within the meaning of Directive 2001/24, ordered by that central bank, in such sums as might impair the bank’s ability to perform its tasks effectively and financed, in order of priority, by: the allocation to special reserves of all the profits made by that central bank as from a specified date; a levy on the general reserves of that central bank not exceeding 50 % of those reserves, and a loan, together with interest, from the Member State concerned. 4.
Article 33 of Directive 2001/24, Articles 44 to 52 of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions, and Articles 53 to 62 of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, must be interpreted as meaning that: the rules set out in those articles do not apply to information obtained or generated during the implementation of reorganisation measures, within the meaning of Directive 2001/24, which was not the subject of information or consultation procedures laid down in Articles 4, 5, 8, 9, 11 and 19 of Directive 2001/24.
(1)
OJ C 128, 12.4.2021.
Judgment of the Court (Seventh Chamber) of 15 September 2022 (request for a preliminary ruling from the Verwaltungsgericht Wien — Austria) — FK (Case C-58/21) (1) (Reference for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Article 13 — Determination of the legislation applicable — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Annex II — Article 1(2) — Person pursuing the profession of lawyer the centre of interest of whose private and professional activities is situated in Switzerland and who also pursues that profession in two other Member States — Application for the award of an early retirement pension — National legislation requiring that the person concerned waive his right to practise the profession in question in the territory of the Member State concerned and abroad) (2022/C 418/10) Language of the case: German Referring court Verwaltungsgericht Wien