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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
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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? |
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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).