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Document 62012CN0085

    Case C-85/12: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 20 February 2012 — Landsbanki Islands HF v Kepler Capital Markets SA, Frédéric Giraux

    SL C 118, 21.4.2012, p. 19–19 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    20/02/2012
    Date lodged:
    20/02/2012
    Author:
    Sud
    Form:
    Pravosudna informacija
    Authentic language:
    francuski
    Type of procedure:
    Prethodno pitanje
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    Case affecting:
    Link

    21.4.2012   

    EN

    Official Journal of the European Union

    C 118/19

    Reference for a preliminary ruling from the Cour de cassation (France) lodged on 20 February 2012 — Landsbanki Islands HF v Kepler Capital Markets SA, Frédéric Giraux

    (Case C-85/12)

    2012/C 118/30

    Language of the case: French

    Referring court

    Cour de cassation

    Parties to the main proceedings

    Applicant: Landsbanki Islands HF

    Defendants: Kepler Capital Markets SA, Frédéric Giraux

    Questions referred

    1.

    Must Articles 3 and 9 of Directive 2001/24/EC on the reorganisation and winding up of credit institutions (1) be interpreted as meaning that reorganisation or winding-up measures in regard to a financial establishment, such as those under Icelandic Law No 44/2009 of 15 April 2009, are to be regarded as measures adopted by a administrative or judicial authority for the purposes of those articles?

    2.

    Must Article 32 of Directive 2001/24/EC be interpreted as precluding a national provision, such as Article 98 of the Icelandic law of 20 December 2002, which prohibited or suspended any legal action against a financial establishment as from the entry into force of a moratorium, from having effect in regard to interim protective measures adopted in another Member State prior to the declaration of the moratorium?

    (1)  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).

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