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CJEU Case C-215/17 / Judgment

Nova Kreditna Banka Maribor d.d. v Republika Slovenija

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Fourth Chamber)
Type:
Decision
Decision date:
14/11/2018

Key facts of the case:

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.

Outcome of the case:

On those grounds, the Court (Fourth Chamber) hereby rules:

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, requiring 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 that it concluded during the period in which it was under that dominant influence, with no exceptions on the ground of protecting that bank’s business secrets and, accordingly, as not precluding such national legislation.