CELEX: C2007/199/13
Language: en
Date: 2007-08-25 00:00:00
Title: Case C-430/05: Judgment of the Court (First Chamber) of 5 July 2007 (reference for a preliminary ruling from the Simvoulio tis Epikratias — Greece) — Dionik Anonimi Etairia Emporias I/I, Logismikou & Parokhis Ipiresion Mikhanografisis, Ioannis Mikhail Pikoulas v Epitropi Kefalaiagoras (Directive 2001/34/EC — Article 21 — Admission of securities to official stock exchange listing — Listing particulars (prospectus) — Publication of inaccurate information — Persons responsible — Members of the board of directors)

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/8
            
         Judgment of the Court (First Chamber) of 5 July 2007 (reference for a preliminary ruling from the Simvoulio tis Epikratias — Greece) — Dionik Anonimi Etairia Emporias I/I, Logismikou & Parokhis Ipiresion Mikhanografisis, Ioannis Mikhail Pikoulas v Epitropi Kefalaiagoras
   (Case C-430/05) (1)
   
   (Directive 2001/34/EC - Article 21 - Admission of securities to official stock exchange listing - Listing particulars (prospectus) - Publication of inaccurate information - Persons responsible - Members of the board of directors)
   (2007/C 199/13)
   Language of the case: Greek
   Referring court
   Simvoulio tis Epikratias (Council of State)
   Parties to the main proceedings
   
      Applicants: Dionik Anonimi Etairia Emporias I/I, Logismikou & Parokhis Ipiresion Mikhanografisis, Ioannis Mikhail Pikoulas
   
      Defendant: Epitropi Kefalaiagoras (Capital Market Commission)
   Re:
   Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Article 21 of Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities (OJ 2001 L 184, p. 1) — Publication of listing particulars containing inaccurate and misleading information liable to deceive investors
   Operative part of the judgment
   Article 21 of Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities is to be interpreted as meaning that it does not preclude a national legislature from laying down, for cases where the information recorded in listing particulars published with a view to admitting securities to official stock exchange listing proves to be inaccurate or misleading, administrative penalties imposable not only upon the persons expressly mentioned in those particulars as responsible but also upon the issuer of the securities and, indiscriminately, upon the members of the issuer's board of directors, regardless of whether the board members have been identified as responsible in the listing particulars.
   
      (1)  OJ C 60, 11.3.2006.