26.5.2015   

EN

Official Journal of the European Union

C 171/15

1.

Must Articles 2 and 3 of Directive 94/19/EC (1) of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes, where appropriate read in conjunction with Articles 20 and 21 of the Charter of Fundamental Rights of the European Union (2) and with the general principle of equality, be interpreted as meaning that:

2.

Is the European Commission Decision of 3 July 2014 (3)‘on State aid SA.33927 (12/C) (ex 11/NN) implemented by Belgium — Guarantee scheme protecting the shares of individual members of financial cooperatives’ compatible with Articles 107 TFEU and 296 TFEU in so far as it classifies the guarantee scheme which forms the subject of that decision as new State aid?

3.

In the event of a negative answer to the second question, must Article 107 TFEU be interpreted as meaning that a scheme concerning the State guarantee granted to the members, being natural persons, of recognised cooperatives operating in the financial sector, within the meaning of Article 36/24(1)(1)(3) of the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium, constitutes new State aid which must be notified to the European Commission?

4.

In the event of an affirmative answer to the second question, is that decision of the European Commission compatible with Article 108(3) TFEU if it is interpreted as holding that the State aid at issue was put into effect before 3 March 2011 or 1 April 2011 or on one or other of those dates, or, conversely, if it is interpreted as holding that the State aid at issue was put into effect at a later date?

5.

Must Article 108(3) TFEU be interpreted as precluding a Member State from adopting a measure, such as that contained in Article 36/24(1)(3) of the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium, if that measure puts State aid into effect or constitutes State aid which has already been put into effect and that State aid has not yet been notified to the European Commission?

6.

Must Article 108(3) TFEU be interpreted as precluding a Member State from adopting, without prior notification to the European Commission, a measure, such as that contained in Article 36/24(1)(3) of the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium, if that measure constitutes State aid which has not yet been put into effect?