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Document 61993CJ0441
Judgment of the Court of 12 March 1996. # Panagis Pafitis and others v Trapeza Kentrikis Ellados A.E. and others. # Reference for a preliminary ruling: Polymeles Protodikeio Athinon - Greece. # Company law - Directive 77/91/EEC - Alteration of capital of a bank constituted in the form of a public limited liability company - Direct effect of Articles 25(1) and 29(3) of the directive - Abuse of rights. # Case C-441/93.
Judgment of the Court of 12 March 1996.
Panagis Pafitis and others v Trapeza Kentrikis Ellados A.E. and others.
Reference for a preliminary ruling: Polymeles Protodikeio Athinon - Greece.
Company law - Directive 77/91/EEC - Alteration of capital of a bank constituted in the form of a public limited liability company - Direct effect of Articles 25(1) and 29(3) of the directive - Abuse of rights.
Case C-441/93.
Judgment of the Court of 12 March 1996.
Panagis Pafitis and others v Trapeza Kentrikis Ellados A.E. and others.
Reference for a preliminary ruling: Polymeles Protodikeio Athinon - Greece.
Company law - Directive 77/91/EEC - Alteration of capital of a bank constituted in the form of a public limited liability company - Direct effect of Articles 25(1) and 29(3) of the directive - Abuse of rights.
Case C-441/93.
European Court Reports 1996 I-01347
ECLI identifier: ECLI:EU:C:1996:92
«(Company law – Directive 77/91/EEC – Alteration of capital of a bank constituted in the form of a public limited liability company – Direct effect of Articles 25(1) and 29(3) of the directive – Abuse of rights)»
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(
Council Directive 77/91, Arts 25 and 29 )
JUDGMENT OF THE COURT
12 March 1996 (1)
((Company law – Directive 77/91/EEC – Alteration of capital of a bank constituted in the form of a public limited liability company – Direct effect of Articles 25(1) and 29(3) of the directive – Abuse of rights))
In Case C-441/93,
REFERENCE to the Court under Article 177 of the EEC Treaty by the Polimeles Protodikio Athinon for a preliminary ruling in the proceedings pending before that court between Panagis Pafitis and Others,and
Trapeza Kentrikis Ellados AE and Others, supported by Investment and Shipping Enterprises Est and Others supported by Trapeza tis Ellados AE and Others on the interpretation of Article 25 et seq. and Article 29 of the Second Council Directive, Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (OJ 1977 L 26, p. 1),THE COURT,,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Panagis Pafitis and Others, represented by Sofia Koukouli-Spiliotopoulou, Ioannis Stamoulis and Feidias Doukaris, Investment and Shipping Enterprises Est and Others, represented by Feidias Doukaris, Trapeza Kentrikis Ellados AE and Others, represented by Marios Bachas, Konstantinos Mavrias and Krateros Ioannou, of the Athens Bar, Trapeza tis Ellados AE and Others, represented by Ilias Soufleros and Vasileios Kontolaimos, the Greek Government, represented by Panagiotis Mylonopoulos, Special Legal Assistant in the Department for Community Matters of the Ministry of Foreign Affairs, and Dimitrios Leontokianakos, Legal Assistant in the Independent Office for European Community Affairs of the Ministry of the National Economy, acting as Agents, and the Commission, represented by Dimitrios Gouloussis, at the hearing on 6 June 1995,
after hearing the Opinion of the Advocate General at the sitting on 9 November 1995,
gives the following
On those grounds,
THE COURT,
in answer to the questions referred to it by the Polimeles Protodikio Athinon, by decision of 3 August 1993, hereby rules:
Kakouris |
Edward |
Hirsch |
Mancini |
Schockweiler |
Moitinho de Almeida |
Kapteyn |
Gulmann |
Murray |
Ragnemalm |
Sevón |
|
R. Grass |
C.N. Kakouris, President of Chamber |
Registrar |
For the President |