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Document 62020CN0473
Case C-473/20: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 30 September 2020 — ‘INVEST FUND MANAGEMENT’ AD v Komisiya za finansov nadzor
Case C-473/20: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 30 September 2020 — ‘INVEST FUND MANAGEMENT’ AD v Komisiya za finansov nadzor
Case C-473/20: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 30 September 2020 — ‘INVEST FUND MANAGEMENT’ AD v Komisiya za finansov nadzor
IO C 433, 14.12.2020, p. 32–33
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.12.2020 |
EN |
Official Journal of the European Union |
C 433/32 |
Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 30 September 2020 — ‘INVEST FUND MANAGEMENT’ AD v Komisiya za finansov nadzor
(Case C-473/20)
(2020/C 433/40)
Language of the case: Bulgarian
Referring court
Sofiyski rayonen sad
Parties to the main proceedings
Applicant:‘INVEST FUND MANAGEMENT’ AD
Defendant: Komisiya za finansov nadzor
Questions referred
1. |
What meaning did the European legislature intend to give to the term ‘essential elements’ of the prospectus within the meaning of Article 72 of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (1)? |
2. |
Is Article 69(2) of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 to be interpreted as meaning that any change to the minimum information in prospectuses provided for in Schedule A of Annex I is always covered by the term ‘essential elements’ within the meaning of Article 72 of the Directive, so that these must be updated in due time? |
3. |
If Question 2 is answered in the negative, is it to be assumed that information about a change in the composition of the board of directors of a particular management company that concerns non-executive members who are not assigned any management functions is included in the term ‘essential elements’ within the meaning of Article 72 of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009? |
4. |
Is Article 99а(r) of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 to be interpreted as meaning that it is only permissible to impose a penalty on a management company (for each of the investment funds managed by it) in the event of repeated non-compliance with obligations concerning information to be provided to investors imposed in accordance with the national provisions transposing Articles 68 to 82 of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009? |