CJEU Case C-215/17 / Opinion

Key facts of the case:

Reference for a preliminary ruling — Reuse of public sector information — Prudential requirements for credit institutions and investment firms — Credit institutions under the dominant influence of the State — National rules granting unrestricted access to certain information on commercial contracts concluded by such institutions.

Outcome of the case:

In the light of the foregoing, I propose that the Court reply to the questions raised by the Vrhovno sodišče Republike Slovenije (Supreme Court of the Republic of Slovenia) as follows:

• 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, as amended by Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98, does not preclude national legislation, such as that in question in the main proceedings, which permits unrestricted (absolute) access to certain information concerning copyright and consultancy contracts solely in relation to institutions under the dominant influence of the State.
• 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, and in particular Article 432(2) thereof, does not preclude national legislation, such as that in question in the main proceedings, which compels a bank under the dominant influence of a public law entity to disclose certain information on contracts provided for consultancy and legal services and services of an intellectual nature, without providing for any exception to that requirement.