EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62014CA0483
Case C-483/14: Judgment of the Court (Third Chamber) of 7 April 2016 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — KA Finanz AG v Sparkassen Versicherung AG Vienna Insurance Group (Reference for a preliminary ruling — Rome Convention — Applicable law — Cross-border merger — Directive 78/855/EEC — Directive 2005/56/EC — Merger by acquisition — Protection of creditors — Transfer of all the assets and liabilities of the company being acquired to the acquiring company)
Case C-483/14: Judgment of the Court (Third Chamber) of 7 April 2016 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — KA Finanz AG v Sparkassen Versicherung AG Vienna Insurance Group (Reference for a preliminary ruling — Rome Convention — Applicable law — Cross-border merger — Directive 78/855/EEC — Directive 2005/56/EC — Merger by acquisition — Protection of creditors — Transfer of all the assets and liabilities of the company being acquired to the acquiring company)
Case C-483/14: Judgment of the Court (Third Chamber) of 7 April 2016 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — KA Finanz AG v Sparkassen Versicherung AG Vienna Insurance Group (Reference for a preliminary ruling — Rome Convention — Applicable law — Cross-border merger — Directive 78/855/EEC — Directive 2005/56/EC — Merger by acquisition — Protection of creditors — Transfer of all the assets and liabilities of the company being acquired to the acquiring company)
OJ C 211, 13.6.2016, p. 14–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
13.6.2016 |
EN |
Official Journal of the European Union |
C 211/14 |
Judgment of the Court (Third Chamber) of 7 April 2016 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — KA Finanz AG v Sparkassen Versicherung AG Vienna Insurance Group
(Case C-483/14) (1)
((Reference for a preliminary ruling - Rome Convention - Applicable law - Cross-border merger - Directive 78/855/EEC - Directive 2005/56/EC - Merger by acquisition - Protection of creditors - Transfer of all the assets and liabilities of the company being acquired to the acquiring company))
(2016/C 211/15)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicant: KA Finanz AG
Defendant: Sparkassen Versicherung AG Vienna Insurance Group
Operative part of the judgment
|
1. |
EU law must be interpreted as meaning that:
|
|
2. |
Article 15 of Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies, as amended by Directive 2009/109/EC of the European Parliament and of the Council of 16 September 2009, must be interpreted as granting rights to holders of securities, other than shares, to which special rights are attached, but not to the issuer of such securities. |