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Case C-242/25, SEB banka: Request for a preliminary ruling from the Satversmes tiesa (Latvia) lodged on 31 March 2025 – S, T, AS SEB banka v Latvijas Republikas Saeima
ECLI:EU:UNKNOWN:62025CN0242
62025CN0242
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Official Journal of the European Union
EN
C series
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C/2025/3403
30.6.2025
(Case C-242/25, SEB banka)
(C/2025/3403)
Language of the case: Latvian
Referring court
Parties to the main proceedings
Applicants: S, T, AS SEB banka
Institution responsible for the measure the constitutionality of which is called into question: Latvijas Republikas Saeima
Questions referred
Must Article 127(4) of the Treaty on the Functioning of the European Union and Article 4 of Council Decision [98/415/EC] (1) be interpreted as meaning that the obligation which that provision imposes on the authority of a Member State to consult the European Central Bank at an appropriate stage is fulfilled in the case where the parliament of a Member State adopts a law before receiving the opinion of the European Central Bank but there is a procedure whereby that law may be the subject of a second examination in parliament before it is enacted and enters into force?
If the first question is answered in the negative, is an infringement of Article 127(4) of the Treaty on the Functioning of the European Union and Article 4 of Council Decision [98/415/EC] to be regarded as constituting a substantial procedural defect rendering the provisions of national law adopted in breach of EU law inapplicable?
If the second question is answered in the affirmative, are the principles of the primacy of EU law and legal certainty to be interpreted as meaning that the Satversmes tiesa (Constitutional Court, Latvia) may decide in the judgment it gives that the legal effects of the contested provisions must be maintained during the period for which they were in force?
(1) Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft legislative provisions (OJ 1998 L 189, p. 42).
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ELI: http://data.europa.eu/eli/C/2025/3403/oj
ISSN 1977-091X (electronic edition)
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