Europa Council Directive 77/780 contains no provision governing the status which is to be given to credit institutions under the national law of the member states or the extent of any criminal liability on the part of their employees. Consequently the directive does not detract from the member states’ power to lay down rules on the legal status of credit institutions and, in particular, does not put them under a duty to require that the duties and powers given by credit institutions to their employees should be of a private nature.
The classification of employees of credit institutions as ‘public officials’ or as ‘persons responsible for a public service’ for the purposes of the application of the criminal law of a member state is therefore not contrary to the provisions or the objective of directive 77/780.
C-166/85, R-166/85,  EUECJ R-166/85
Updated: 22 May 2022; Ref: scu.134123