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Document 62012CA0186
Case C-186/12: Judgment of the Court (Ninth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal Judicial de Braga — Portugal) — Impacto Azul Lda v BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez (Freedom of establishment — Restrictions — Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries — Exclusion of parent companies having their seat in another Member State — No restriction)
Case C-186/12: Judgment of the Court (Ninth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal Judicial de Braga — Portugal) — Impacto Azul Lda v BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez (Freedom of establishment — Restrictions — Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries — Exclusion of parent companies having their seat in another Member State — No restriction)
Case C-186/12: Judgment of the Court (Ninth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal Judicial de Braga — Portugal) — Impacto Azul Lda v BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez (Freedom of establishment — Restrictions — Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries — Exclusion of parent companies having their seat in another Member State — No restriction)
SL C 225, 3.8.2013, p. 32–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
3.8.2013 |
EN |
Official Journal of the European Union |
C 225/32 |
Judgment of the Court (Ninth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal Judicial de Braga — Portugal) — Impacto Azul Lda v BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez
(Case C-186/12) (1)
(Freedom of establishment - Restrictions - Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries - Exclusion of parent companies having their seat in another Member State - No restriction)
2013/C 225/53
Language of the case: Portuguese
Referring court
Tribunal Judicial de Braga
Parties to the main proceedings
Applicant: Impacto Azul Lda
Defendants: BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez
Re:
Request for a preliminary ruling — Tribunal Judicial de Braga — Interpretation of Article 49 TFEU — Restrictions on freedom of establishment — National rules excluding the joint and several liability of parent companies vis-à-vis the creditors of their subsidiary companies for those parent companies having their seat in another Member State
Operative part of the judgment
Article 49 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which excludes the application of the principle of the joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries to parent companies having their seat in the territory of another Member State.