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Case C-427/22, BG (Grant of loans without approval): Judgment of the Court (Sixth Chamber) of 16 November 2023 (request for a preliminary ruling from the Varhoven kasatsionen sad — Bulgaria) — Criminal proceedings against BG (Reference for a preliminary ruling — Economic and monetary policy — Prudential requirements for credit institutions — Regulation (EU) No 575/2013 — Points 1 and 42 of Article 4(1) — Definitions — Concepts of ‘credit institution’ and ‘authorisation’ — Grant of loans without approval)
ECLI:EU:UNKNOWN:62022CA0427
62022CA0427
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Official Journal of the European Union
Series C
C/2024/522
8.1.2024
(Case C-427/22, (1) BG (Grant of loans without approval))
(Reference for a preliminary ruling - Economic and monetary policy - Prudential requirements for credit institutions - Regulation (EU) No 575/2013 - Points 1 and 42 of Article 4(1) - Definitions - Concepts of ‘credit institution’ and ‘authorisation’ - Grant of loans without approval)
(C/2024/522)
Language of the case: Bulgarian
Referring court
Varhoven kasatsionen sad (Bulgaria)
Party to the main criminal proceedings
other party: Varhovna kasatsionna prokuratura
Operative part of the judgment
Point 1(a) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012, as amended by Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019,
must be interpreted as meaning that an undertaking falls within the concept of ‘credit institution’, within the meaning of point 1 of that Article 4(1), only where its activity consists, cumulatively, of taking deposits or other repayable funds from the public and of granting credits for its own account, it being specified that those deposits or other funds taken from the public are intended for granting credits, although it cannot be ruled out that credits may also be granted from funds that come from other sources.
ELI: http://data.europa.eu/eli/C/2024/522/oj
ISSN 1977-091X (electronic edition)
* Language of the case: Bulgarian.