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Case C-661/22, ABC Projektai: Judgment of the Court (Fifth Chamber) of 22 February 2024 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas – Lithuania) – ‘ABC Projektai’ UAB, formerly ‘Bruc Bond’ UAB v Lietuvos bankas (Reference for a preliminary ruling – Payment services in the internal market – Directive (EU) 2015/2366 – Article 4(3) and (5) – Payment service or payment transaction – Directive 2009/110/EC – Article 2(2) – Issuance of electronic money – Holding of customer funds by a payment institution without a specific payment order – Classification)
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62022CA0661
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Official Journal of the European Union
C series
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C/2024/2394
8.4.2024
Judgment of the Court (Fifth Chamber) of 22 February 2024 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — ‘ABC Projektai’ UAB, formerly ‘Bruc Bond’ UAB v Lietuvos bankas
(Case C-661/22, (<span class="oj-super oj-note-tag">1</span> ABC Projektai)
(Reference for a preliminary ruling - Payment services in the internal market - Directive (EU) 2015/2366 - Article 4(3) and (5) - Payment service or payment transaction - Directive 2009/110/EC - Article 2(2) - Issuance of electronic money - Holding of customer funds by a payment institution without a specific payment order - Classification)
(C/2024/2394)
Language of the case: Lithuanian
Referring court
Parties to the main proceedings
Appellant on a point of law: ‘ABC Projektai’ UAB, formerly ‘Bruc Bond’ UAB
Respondent in the appeal on a point of law: Lietuvos bankas
Operative part of the judgment
Article 4(3) of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC, and Article 2(2) of 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 amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC,
must be interpreted as meaning that the activity of a payment institution which consists in receiving funds from a user of a payment service, where such funds are not immediately accompanied by a payment order and therefore remain available on a payment account, within the meaning of Article 4(12) of Directive 2015/2366, operated by that institution, constitutes a payment service provided by that payment institution, within the meaning of Article 4(3) of Directive 2015/2366, and not a transaction consisting in the issuance of electronic money, within the meaning of Article 2(2) of Directive 2009/110.
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ELI: http://data.europa.eu/eli/C/2024/2394/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Lithuanian