The court was asked to interpret the provisions as to ‘client money rules’ and ‘client money distribution rules’ in the FSA handbook, and to consider the consequences as to the applicable trusts. Substantial sums paid by clients to the bank before its insolvency were now unavailable. Held: The appeal failed. The statutory trust under the … Continue reading Lehman Brothers International (Europe), Re: SC 29 Feb 2012
ECJ Judgment – Reference for a preliminary ruling – Directives 94/19/EC and 97/9/EC – Deposit-guarantee schemes and investor-compensation schemes – Savings and investment instruments – Financial instrument within the meaning of Directive 2004/39/EC – Exclusion of the guarantee – Direct effect – Conditions to be met in order to benefit from Directive 97/9/EC Judges: R. … Continue reading Indeliu Ir Investiciju Draudimas VI v Nemaniunas: ECJ 25 Jun 2015
Deposit-Guarantee and Investor-Compensation Schemes – Judgment – References for a preliminary ruling – Deposit-guarantee and investor-compensation schemes – Directive 94/19/EC – Article 1(1) – Deposits – Temporary situations deriving from normal banking transactions – Directive 97/9/EC – Second subparagraph of Article 2(2) – Money owed to or belonging to an investor and held on his … Continue reading Anisimoviena and Others: ECJ 22 Mar 2018
ECJ (Internal Market – Principles Internal Market : Judgment) References for a preliminary ruling – Directive 2004/39/EC – Markets in financial instruments – Article 4(1)(2) – Definition of ‘investment services’ – point 1 of Section A of Annex I – Reception and transmission of orders in relation to one or more financial instruments – Potential … Continue reading Khorassani v Kathrin Pflanz: ECJ 14 Jun 2017
ECJ Directive 2004/39/EC – Markets in financial instruments – Article 19 – Conduct of business obligations when providing investment services to clients – Investment advice – Other investment services – Obligation to assess the suitability or appropriateness of the service to be provided – Contractual consequences of non-compliance with that obligation – Investment service offered … Continue reading Genil 48 Sl v Bankinter Sa: ECJ 30 May 2013
ECJ Judgment – References for a preliminary ruling – Directive 2004/39/EC – Articles 4(1) and 19(4), (5) and (9) – Markets in financial instruments – Concept of ‘investment services and activities’ – Provisions to ensure investor protection – Conduct of business obligations when providing investment services to clients – Obligation to assess the suitability or … Continue reading Banif Plus Bank Zrt v Marton Lantos: ECJ 3 Dec 2015
ECJ Advocate General’s Opinion – Approximation of laws – Directive 2004/39/EC – Article 54, paragraphs 1 and 2 – Obligation of professional secrecy to which the supervisory authorities of financial services – investment company of fraudulent bankruptcy or liquidation – Effect on secret professional – Disclosure of information in civil or commercial proceedings if they … Continue reading Altmann And Others v BaFin: ECJ 4 Sep 2014
ECJ (Judgment of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/73/EC – Measures implementing Directive 2004/39/EC – Organisational requirements and operating conditions for investment firms – Failure to adopt within the prescribed period C-87/08, [2008] EUECJ C-87/08 Bailii Directive 2006/73/EC, Directive 2004/39/EC European Updated: 04 December 2021; Ref: … Continue reading Commission of The European Communities v Czech Republic: ECJ 25 Sep 2008
Fast Track – Order [2011] EUECJ C-248/11, C-248/11 Bailii Directive 2004/39/EC Cited by: See Also – Nilas And Others ECJ 22-Mar-2012 nilasECJ2012 ECJ Directive 2004/39/EC – Markets in financial instruments – Article 4(1)(14) – Concept of ‘regulated market’ – Authorisation – Functional requirements – Market whose legal nature is not specified, but which is . … Continue reading Nilas And Others: ECJ 1 Jul 2011
nilasECJ2012 ECJ Directive 2004/39/EC – Markets in financial instruments – Article 4(1)(14) – Concept of ‘regulated market’ – Authorisation – Functional requirements – Market whose legal nature is not specified, but which is managed, after a merger, by a legal person also managing a regulated market – Article 47 – Not included on the list … Continue reading Nilas And Others: ECJ 22 Mar 2012
