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Case C-389/17: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 29 June 2017 — UAB ‘EVP International’ v Lietuvos bankas
ECLI:EU:UNKNOWN:62017CN0389
62017CN0389
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Valentina R., lawyer
18.9.2017
EN
Official Journal of the European Union
C 309/28
(Case C-389/17)
(2017/C 309/36)
Language of the case: Lithuanian
Referring court
Parties to the main proceedings
Appellant: UAB ‘EVP International’
Other party: Lietuvos bankas
Questions referred
Is Article 5(2), read in conjunction with Article 6(1)(a), of Directive 2009/110/EC (1) of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions, amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC to be interpreted as meaning that, in circumstances such as those in the present case, the following are to be regarded as payment services that are (not) linked to the issuance of electronic money:
(a)a payment transaction whereby, at the request (instruction) of the electronic money holder to the electronic money institution (the issuer), the electronic money (redeemable funds) redeemed at par value is transferred to a third-party bank account;
(b)a payment transaction whereby, on the instruction of the seller, the buyer (payer) of goods and/or services pays for the goods and/or services by making a transfer/payment of funds to an electronic money institution (issuer of electronic money), which, upon receipt of the funds, issues electronic money, at par value of the funds received, for the benefit of the seller (electronic money holder)?
(1) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions, Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ 2009 L 267, p. 7).