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Case C-260/21, Corporate Commercial Bank: Order of the Court (Ninth Chamber) of 15 November 2022 (request for a preliminary ruling from the Okrazhen sad — Vidin — Bulgaria) — Corporate Commercial Bank, in liquidation v Elit Petrol AD (Reference for a preliminary ruling — Article 53(2) and Articles 94 and 99 of the Rules of Procedure of the Court of Justice — Insolvency proceedings — Mutual set-offs with an insolvent credit institution — Retroactive amendment to the conditions for the enforcement of those set-offs — National legislation declared unconstitutional — Purely internal situation — Manifest inadmissibility)
ECLI:EU:UNKNOWN:62021CB0260
62021CB0260
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Official Journal of the European Union
C 104/10
(Case C-260/21, (<span class="oj-super oj-note-tag">1</span>) Corporate Commercial Bank)
(Reference for a preliminary ruling - Article 53(2) and Articles 94 and 99 of the Rules of Procedure of the Court of Justice - Insolvency proceedings - Mutual set-offs with an insolvent credit institution - Retroactive amendment to the conditions for the enforcement of those set-offs - National legislation declared unconstitutional - Purely internal situation - Manifest inadmissibility)
(2023/C 104/11)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: Corporate Commercial Bank, in liquidation
Defendant: Elit Petrol AD
Operative part of the order
1.The second subparagraph of Article 19(1) TEU must be interpreted as not precluding the adoption by a Member State of general rules on set-off in the context of the insolvency of a bank, even if they are retroactive.
2.The first to fourth and sixth questions submitted by the Okrazhen sad Vidin (Regional Court, Vidin, Bulgaria) are manifestly inadmissible.
Language of the case: Bulgarian
* * *
(<span class="oj-super">1</span>) OJ C 252, 28.6.2021.