Official Journal of the European Union

C series

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C/2024/5785

7.10.2024

(Case C-465/24, SBK Art)

(C/2024/5785)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: SBK Art Limited Liability Company

Respondents: Fortenova Group STAK Stichting, Open Pass Limited

Questions referred

1.In the case of depository receipts belonging to, owned, held or controlled by natural persons included in Annex I to Regulation 269/2014, or natural or legal persons, entities or bodies associated with them, should the freezing of funds within the meaning of Article 1(f) of Regulation 269/2014 be interpreted as meaning that the rights to attend meetings and voting rights attached to depository receipts cannot be exercised, at least in so far as this does not result in disproportionate prejudice to the depository receipt holder concerned?

2.In a specific case, also taking into account the nature and content of the resolution placed on the agenda and the standpoint of the depository receipt holder concerned in respect thereof, does it make any difference to the answer to question 1 if the exercising of the rights to attend meetings and voting rights could lead to any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or any other change that would enable the funds to be used, including portfolio management, within the meaning of Article 1(f) of Regulation 269/2014?

Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 6).

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ELI: http://data.europa.eu/eli/C/2024/5785/oj

ISSN 1977-091X (electronic edition)

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* Language of the case: Dutch.