Judgment of the Court (Fourth Chamber) of 14 November 2018 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — Nova Kreditna Banka Maribor d.d. v Republika Slovenija

(Case C-215/17) (1)

((Reference for a preliminary ruling - Approximation of laws - Re-use of public sector information - Directive 2003/98/EC - Article 1(2)(c), third indent - Prudential requirements for credit institutions and investment firms - Regulation (EU) No 575/2013 - Information to be published by credit institutions and investment firms - Article 432(2) - Exceptions to public disclosure requirements - Information considered commercially sensitive or confidential - Applicability - Credit institutions predominantly owned by the State - National legislation laying down the public nature of certain commercial information held by those institutions))

(2019/C 16/11)

Language of the case: Slovene

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings

Appellant: Nova Kreditna Banka Maribor d.d.

Respondent: Republika Slovenija

Operative part of the judgment

Article 1(2)(c), third indent, of Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, and Article 432(2) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, must be interpreted as not applying to national legislation, such as that at issue in the main proceedings, which requires a bank which has been under the dominant influence of a body governed by public law to disclose information on contracts provided for consultancy and legal services, copyright contracts and other services of an intellectual nature which it concluded during the period in which it was under that dominant influence, with no exceptions on the ground of the protection of that bank’s business secrets, and, accordingly, as not precluding such national legislation.

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(1)  OJ C 213, 3.7.2017.