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Case C-53/18: Judgment of the Court (Second Chamber) of 8 May 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Antonio Pasquale Mastromartino v Commissione Nazionale per le Società e la Borsa (Consob) (Reference for a preliminary ruling — Markets in financial instruments — Directive 2004/39/EC — Articles 8, 23, 50 and 51 — Scope — Financial adviser authorised to provide offsite services — Staff member who has become a defendant in criminal proceedings — National legislation providing for the possibility of temporarily prohibiting the exercise of the activity — Fundamental freedoms — Purely internal situation — Not applicable)
ECLI:EU:UNKNOWN:62018CA0053
62018CA0053
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Official Journal of the European Union
C 230/12
(Case C-53/18) (1)
(Reference for a preliminary ruling - Markets in financial instruments - Directive 2004/39/EC - Articles 8, 23, 50 and 51 - Scope - Financial adviser authorised to provide offsite services - Staff member who has become a defendant in criminal proceedings - National legislation providing for the possibility of temporarily prohibiting the exercise of the activity - Fundamental freedoms - Purely internal situation - Not applicable)
(2019/C 230/13)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Antonio Pasquale Mastromartino
Defendant: Commissione Nazionale per le Società e la Borsa (Consob)
Operative part of the judgment
Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC, as amended by Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010, in particular Articles 8, 23, 50 and 51 thereof, Articles 49 and 56 TFEU and the principles of non-discrimination and proportionality must be interpreted as meaning that, in circumstances such as those at issue in the main proceedings, a temporary prohibition on exercising the activity of financial adviser authorised to provide offsite services falls neither within the scope of that directive, nor that of Articles 49 and 56 TFEU or that of the principles of non-discrimination and proportionality. In such circumstances, Articles 8, 23, 50 and 51 of that directive, Articles 49 and 56 TFEU and the principles of non-discrimination and proportionality do not preclude such a prohibition.
(1) OJ C 142, 23.4.2018.