CELEX: 62012CN0085
Language: en
Date: 2012-02-20 00:00:00
Title: Case C-85/12: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 20 February 2012 — Landsbanki Islands HF v Kepler Capital Markets SA, Frédéric Giraux

21.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/19
            
         Reference for a preliminary ruling from the Cour de cassation (France) lodged on 20 February 2012 — Landsbanki Islands HF v Kepler Capital Markets SA, Frédéric Giraux
   (Case C-85/12)
   2012/C 118/30
   Language of the case: French
   
      Referring court
   
   Cour de cassation
   
      Parties to the main proceedings
   
   
      Applicant: Landsbanki Islands HF
   
      Defendants: Kepler Capital Markets SA, Frédéric Giraux
   
      Questions referred
   
   
               1.
            
            
               Must Articles 3 and 9 of Directive 2001/24/EC on the reorganisation and winding up of credit institutions (1) be interpreted as meaning that reorganisation or winding-up measures in regard to a financial establishment, such as those under Icelandic Law No 44/2009 of 15 April 2009, are to be regarded as measures adopted by a administrative or judicial authority for the purposes of those articles?
            
         
               2.
            
            
               Must Article 32 of Directive 2001/24/EC be interpreted as precluding a national provision, such as Article 98 of the Icelandic law of 20 December 2002, which prohibited or suspended any legal action against a financial establishment as from the entry into force of a moratorium, from having effect in regard to interim protective measures adopted in another Member State prior to the declaration of the moratorium?
            
         
      (1)  Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (OJ 2001 L 125, p. 15).