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Document 62018CN0501
Case C-501/18: Request for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria) lodged on 30 July 2018 — BT v Balgarska narodna banka
Case C-501/18: Request for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria) lodged on 30 July 2018 — BT v Balgarska narodna banka
Case C-501/18: Request for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria) lodged on 30 July 2018 — BT v Balgarska narodna banka
OJ C 364, 8.10.2018, p. 4–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.10.2018 |
EN |
Official Journal of the European Union |
C 364/4 |
Request for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria) lodged on 30 July 2018 — BT v Balgarska narodna banka
(Case C-501/18)
(2018/C 364/05)
Language of the case: Bulgarian
Referring court
Administrativen sad Sofia-grad
Parties to the main proceedings
Applicant: BT
Defendant: Balgarska narodna banka
Questions referred
1. |
Does it follow from the principles of EU law of equivalence and effectiveness that a national court is obliged to regard, of its own motion, an action as having been brought on the ground of a breach of an obligation arising from Article 4(3) of the Treaty on European Union (TEU) by a Member State if the action relates to the non-contractual liability of the Member State for losses arising from an infringement of EU law that were allegedly caused by an authority of a Member State, and
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2. |
Does it follow from recital 27 of Regulation (EU) No 1093/201[0] (1) of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) that, under circumstances such as those of the main proceedings, the recommendation issued on the basis of Article 17(3) of the regulation, in which an infringement of EU law by the central bank of a Member State in connection with the deadlines for paying out guaranteed deposits to the depositors in the respective credit institution has been established:
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3. |
Having regard also to the current state of the EU law relevant to the main proceedings, does it follow from the judgments of the Court of Justice of the European Union of 12 October 2004, Paul and Others (C-222/02, EU:C:2004:606, paragraphs 38, 39, 43 and 49 to 51), of 5 March 1996, Brasserie du pêcheur and Factortame (C-46/93 and C-48/93, EU:C:1996:79, paragraph 42 and 51), of 15 June 2000, Dorsch Consult v Council and Commission (C-237/98 P, EU:C:2000:321, paragraph 19), and of 2 December 1971, Zuckerfabrik Schöppenstedt v Council (5/71, EU:C:1971:116 paragraph 11) that:
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4. |
Does it follow from the interpretation of Article 10(1) in conjunction with point (i) of Article 1(3) and Article 7(6) of Directive 94/19 and the legal considerations in the judgment of the Court of Justice of the European Union of 21 December 2016, Vervloet and Others (C-76/15, EU:C:2016:975, paragraphs 82 to 84), that the scope of application of the provisions of the directive cover depositors
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Does it follow from the provisions of that directive or from other provisions of EU law that the national court may not take such a clause in the deposit contract into consideration and may not examine the action of a depositor for the payment of interest due to failure to pay out the guaranteed amount of deposits within the deadline pursuant to that contract on the basis of the requirements for non-contractual liability for loss arising from an infringement of EU law and on the basis of Article 7(6) of Directive 94/19?
(1) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ 2010 L 331, p. 12).
(2) Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ 1994 L 135, p. 5).
(3) 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).