CELEX: C2002/202/11
Language: en
Date: 2002-08-24 00:00:00
Title: Case C-222/02: Reference for a preliminary ruling by the Bundesgerichtshof by order of that Court of 16 May 2002 in the case of 1. Peter Paul, 2.-4. …, 5. Cornelia Sonnen-Lütte, 6.-10. …, 11. Christel Mörkens against Federal Republic of Germany, represented by the Federal Minister for Finance

24.8.2002                EN                     Official Journal of the European Communities                                        C 202/9
Reference for a preliminary ruling by the Bundesge-                             —     Council Directive 89/299/EEC of 17 April 1989 on
richtshof by order of that Court of 16 May 2002 in the                                the own funds of credit institutions (OJ 1989 L 124,
case of 1. Peter Paul, 2.-4. ..., 5. Cornelia Sonnen-Lütte,                           p. 16): Article 7 in conjunction with Articles 2 to 6;
6.-10. ..., 11. Christel Mörkens against Federal Republic of
Germany, represented by the Federal Minister for Finance
                                                                                —     European Parliament and Council Directive 95/26/
                           (Case C-222/02)                                            EC of 29 June 1995 (OJ 1995 L 168, p. 7): recital
                                                                                      15 in the preamble.
                           (2002/C 202/11)
                                                                                Do Council Directives
Reference has been made to the Court of Justice of the
European Communities by order of the Bundesgerichtshof                          —     92/30/EEC of 6 April 1992 on the supervision of
(Federal Court of Justice) of 16 May 2002, received at the                            credit institutions on a consolidated basis (OJ 1992
Court Registry on 17 June 2002, for a preliminary ruling in                           L 110, p. 52): 11th recital in the preamble;
the case of 1. Peter Paul, 2.-4. ..., 5. Cornelia Sonnen-Lütte,
6.-10. ..., 11. Christel Mörkens against Federal Republic of
Germany, represented by the Federal Minister for Finance on                     —     93/6/EEC of 15 March 1993 on the capital adequacy
the following questions:                                                              of investment firms and credit institutions (OJ 1993
                                                                                      L 141, p. 1): eighth recital in the preamble;
1.   Do the provisions of Articles 3 and 7 of Directive 94/19/
     EC of the European Parliament and of the Council of
     30 May 1994 on deposit-guarantee schemes (OJ 1994                          —     93/22/EEC of 10 May 1993 on investment services
     L 135, p. 5) confer on the depositor, in the event of his                        in the securities field (OJ 1993 L 141, p. 27): second,
     deposit being unavailable, in addition to the right to be                        fifth, 29th, 32nd, 41st and 42nd recitals;
     compensated by a deposit-guarantee scheme up to the
     amount specified in Article 7(1), the more far-reaching
     right to require that the competent authorities avail
                                                                                provide assistance with interpretation for the purpose of
     themselves of the measures mentioned in Article 3(2) to
                                                                                answering the above question, regardless of whether they
     (5) and, if necessary, revoke the credit institution’s
                                                                                otherwise contain law applicable in the present case?
     authorisation?
     In so far as such a right is conferred on the depositor,
     does that also include the right to claim compensation for            3.   Should the Court find that all or any one of the directives
     damage resulting from the misconduct of the competent                      cited above confer(s) on savers or investors the right to
     authorities, beyond the amount specified in Article 7(1)                   require the competent authorities to avail themselves of
     of the directive?                                                          prudential supervisory measures in their interest, the
                                                                                following further questions are submitted:
2.   Do the provisions, as listed below, of directives harmonis-
     ing the law on the prudential supervision of banks —
     either individually or in combination and, if so, from                     Does a right for a saver or investor to have prudential
     what date onwards — confer on the saver and investor                       supervisory measures taken in his interest in proceedings
     rights to the effect that the competent authorities of                     brought against the Member State concerned have direct
     the Member States must take prudential supervisory                         effect in the sense that the national rules which preclude
     measures, with they are charged by those directives, in                    such a right must be disregarded,
     the interests of that category of persons and must incur
     liability for any misconduct, or does Directive 94/19/EC
     on deposit-guarantee schemes contain an exhaustive set                     or does a Member State which has failed to respect that
     of special provisions for all cases of unavailability of                   right of savers or investors when transposing directives
     deposits?                                                                  incur liability only in accordance with the principles
     —       First Council Directive 77/780/EEC of 12 December                  governing claims for damages against the State under
             1977 on the coordination of laws, regulations and                  Community law?
             administrative provisions relating to the taking up
             and pursuit of the business of credit institutions (OJ
             1977 L 322, p. 30): Article 6(1), fourth and 12th                  In the latter case, has the Member State committed a
             recitals in the preamble;                                          sufficiently serious breach of Community law where it
                                                                                has failed to recognise that a right to have prudential
     —       Second Council Directive 89/646/EEC of 15 Decem-                   supervisory measures taken is conferred?
             ber 1989 on the coordination of laws, regulations
             and administrative provisions relating to the taking
             up and pursuit of the business of credit institutions
             and amending Directive 77/780/EEC (OJ 1989
             L 386, p. 1): Articles 3, 4 to 7, 10 to 17, 11th recital
             in the preamble;