Key facts of the case:
Reference for a preliminary ruling: Symvoulio tis Epikrateias - Greece.
Directive 2001/34/EC - Article 21 - Admission of securities to official stock exchange listing - Listing particulars (prospectus) - Publication of inaccurate information - Persons responsible - Members of the board of directors.
Outcome of the case:
On those grounds, the Court (First Chamber) hereby rules:
Article 21 of Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities is to be interpreted as meaning that it does not preclude a national legislature from laying down, for cases where the information recorded in listing particulars published with a view to admitting securities to official stock exchange listing proves to be inaccurate or misleading, administrative penalties imposable not only upon the persons expressly mentioned in those particulars as responsible but also upon the issuer of the securities and, indiscriminately, upon the members of the issuer’s board of directors, regardless of whether the board members have been identified as responsible in the listing particulars.
Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.