C 24/30
EN
Official Journal of the European Union
23.1.2023
Parties to the main proceedings Appellant: Ente Cambiano Società cooperativa per azioni Respondent: Agenzia delle Entrate Question referred Do Articles 63 et seq., 101, 102, 120 and 173 TFEU preclude national legislation which, like Article 2(3-ter) and (3-quater) of Decree-Law No 18 of 14 February 2016, converted, with amendments, by Law No 49 of 8 April 2016, in the version applicable ratione temporis, makes the payment of a sum equal to 20 % net assets as at 31 December 2015 a condition for the possibility for cooperative credit banks having net assets of over EUR 200 million as at 31 December 2015, instead of joining a group, transferring their banking business to a public limited company, including a newly established one, authorised to perform banking activities, by amending their articles of association so as to exclude the performance of banking activities and at the same time maintaining the mutuality clauses set out in Article 2514 of the Italian Civil Code, and providing the shareholders with services which serve to maintain the relationship with the transferee public limited company relating to training and information on savings issues and the promotion of assistance programmes?
Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 November 2022 — S.Ö. v Stadt Duisburg (Case C-684/22) (2023/C 24/39) Language of the case: German Referring court Verwaltungsgericht Düsseldorf Parties to the main proceedings Applicant: S.Ö.
Defendant: Stadt Duisburg Questions referred 1.
Does Article 20 TFEU preclude a provision under which, in the case of voluntary acquisition of (non-privileged) nationality of a third country, nationality of the Member State and thus citizenship of the Union are lost ex lege where an individual examination of the consequences of the loss is conducted only if the foreign national concerned previously made an application for a retention permit and that application was approved prior to acquisition of the foreign nationality? 2.
If the first question is to be answered in the negative: Is Article 20 TFEU to be interpreted as meaning that, in the procedure for the grant of the retention permit, no conditions may be laid down as a result of which an individual assessment of the situation of the person concerned and that of his or her family with regard to the consequences of the loss of citizenship of the Union does not take place or is superseded by other requirements?
Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 November 2022 — N.Ö. and M.Ö. v Stadt Wuppertal (Case C-685/22) (2023/C 24/40) Language of the case: German Referring court Verwaltungsgericht Düsseldorf