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Case C-441/12: Judgment of the Court (Second Chamber) of 17 September 2014 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Almer Beheer BV, Daedalus Holding BV v Van den Dungen Vastgoed BV, Oosterhout II BVBA (Reference for a preliminary ruling — Company law — Directive 2003/71/EC — Article 3(1) — Obligation to publish a prospectus when securities are offered for sale to the public — Enforced sale of securities)
ECLI:EU:UNKNOWN:62012CA0441
62012CA0441
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24.11.2014
Official Journal of the European Union
C 421/4
(Case C-441/12) (<span class="super">1</span>)
((Reference for a preliminary ruling - Company law - Directive 2003/71/EC - Article 3(1) - Obligation to publish a prospectus when securities are offered for sale to the public - Enforced sale of securities))
2014/C 421/05
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: Almer Beheer BV, Daedalus Holding BV
Defendants: Van den Dungen Vastgoed BV, Oosterhout II BVBA
Operative part of the judgment
Article 3(1) of Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC, as amended by Directive 2008/11/EC of the European Parliament and of the Council of 11 March 2008, must be interpreted as meaning that the obligation to publish a prospectus prior to any offer of securities to the public is not applicable to an enforced sale of securities, such as that at issue in the main proceedings.
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Language of the case: Dutch.
ECLI:EU:C:2014:140
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(<span class="super">1</span>) OJ C 9, 12.1.2013.