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Case C-88/13: Judgment of the Court (Second Chamber) of 11 September 2014 (request for a preliminary ruling from the Cour de cassation — Belgium) — Philippe Gruslin v Beobank SA, formerly Citibank Belgium SA (Reference for a preliminary ruling — Freedom of establishment — Freedom to provide services — Undertakings for collective investment in transferable securities (UCITS) — Directive 85/611/EEC — Article 45 — Concept of ‘payments to unit-holders’ — Delivery to unit-holders of certificates for registered units)

ECLI:EU:UNKNOWN:62013CA0088

62013CA0088

September 11, 2014
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17.11.2014

Official Journal of the European Union

C 409/8

(Case C-88/13) (<span class="super">1</span>)

((Reference for a preliminary ruling - Freedom of establishment - Freedom to provide services - Undertakings for collective investment in transferable securities (UCITS) - Directive 85/611/EEC - Article 45 - Concept of ‘payments to unit-holders’ - Delivery to unit-holders of certificates for registered units))

2014/C 409/11

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Philippe Gruslin

Defendant: Beobank SA, formerly Citibank Belgium SA

Operative part of the judgment

The obligation laid down in Article 45 of Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), as amended by European Parliament and Council Directive 95/26/EC of 29 June 1995, under which an undertaking for collective investment in transferable securities which markets its units within the territory of a Member State other than that in which it is situated is required to make payments to unit-holders in the Member State of marketing, must be interpreted as not including the delivery to unit-holders of certificates providing evidence of title to units which are registered in their name in the register of unit-holders kept by the issuer.

Language of the case: French

* * *

(<span class="super">1</span>) OJ C 147, 25.5.2013.

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