CELEX: 62017CA0639
Language: en
Date: 2019-01-17 00:00:00
Title: Case C-639/17: Judgment of the Court (Fourth Chamber) of 17 January 2019 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — SIA ‘KPMG Baltics’, acting as insolvency administrator of AS ‘Latvijas Krājbanka’ v SIA ‘Ķipars AI’ (Reference for a preliminary ruling — Settlement finality in payment and securities settlement systems — Directive 98/26/EC — Scope — Concept of ‘transfer order’ — Payment order sent by the holder of an ordinary current account to a credit institution subsequently declared insolvent)

11.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 93/15
            
         
      Judgment of the Court (Fourth Chamber) of 17 January 2019 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — SIA ‘KPMG Baltics’, acting as insolvency administrator of AS ‘Latvijas Krājbanka’ v SIA ‘Ķipars AI’
      (Case C-639/17) (1)
      
      ((Reference for a preliminary ruling - Settlement finality in payment and securities settlement systems - Directive 98/26/EC - Scope - Concept of ‘transfer order’ - Payment order sent by the holder of an ordinary current account to a credit institution subsequently declared insolvent))
      (2019/C 93/19)
      Language of the case: Latvian
      
         Referring court
      
      Augstākā tiesa
      
         Parties to the main proceedings
      
      
         Appellant: SIA ‘KPMG Baltics’, acting as insolvency administrator of AS ‘Latvijas Krājbanka’
      
         Respondent: SIA ‘Ķipars AI’
      
         Operative part of the judgment
      
      A payment order, such as that at issue in the main proceedings, given by the holder of an ordinary current account to a credit institution for a transfer of funds to another credit institution is not covered by the concept of ‘transfer order’, within the meaning of Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems, as amended by Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009, and does not, therefore, come within the scope of that directive.
      
         (1)  OJ C 52, 12.2.2018.