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Case C-127/14: Judgment of the Court (Second Chamber) of 2 September 2015 (request for a preliminary ruling from the Augstākā Tiesa — Latvia) — Andrejs Surmačs v Finanšu un kapitāla tirgus komisija (Request for a preliminary ruling — Directive 94/19/EC — Point 7 of Annex I — Deposit-guarantee scheme — Exclusion of certain depositors from the deposit-guarantee scheme — Exclusion of a ‘manager’)
ECLI:EU:UNKNOWN:62014CA0127
62014CA0127
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26.10.2015
Official Journal of the European Union
C 354/7
(Case C-127/14) (<span class="super">1</span>)
((Request for a preliminary ruling - Directive 94/19/EC - Point 7 of Annex I - Deposit-guarantee scheme - Exclusion of certain depositors from the deposit-guarantee scheme - Exclusion of a ‘manager’))
(2015/C 354/08)
Language of the case: Latvian
Referring court
Parties to the main proceedings
Applicant: Andrejs Surmačs
Defendant: Finanšu un kapitāla tirgus komisija
Operative part of the judgment
1)The deposits excluded under point 7 of Annex I to Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes, as amended by Directive 2009/14/EC of the European Parliament and of the Council of 11 March 2009, are listed exhaustively in that provision, so that the Member States cannot provide, in their national law, for other categories of depositors who are not covered, in terms of the functions carried out, by the concepts listed in that point, in order for the exclusion from the deposit-guarantee to be applied to them.
2)Point 7 of Annex I to Directive 94/19, as amended by Directive 2009/14, must be interpreted as meaning that the Member States may exclude from the guarantee laid down by that directive, as a manager, persons who, because of the function exercised within the credit institution, have, irrespective of the title of that function, a level of information and expertise which enables them to assess the actual financial situation and the risks associated with the activity of the credit institution.
(<span class="note">1</span>) OJ C 159, 26.5.2014.