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Case C-339/19: Judgment of the Court (Ninth Chamber) of 16 September 2020 (request for a preliminary ruling from the Înalta Curte de Casație și Justiție — Romania) — SC Romenergo SA, Aris Capital SA v Autoritatea de Supraveghere Financiară (Reference for a preliminary ruling — Free movement of capital — Company law — Shares admitted to trading on the regulated market — Financial investment company — National regulations limiting the shareholding in certain financial investment companies — Statutory presumption of concerted action)
ECLI:EU:UNKNOWN:62019CA0339
62019CA0339
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Official Journal of the European Union
C 390/9
(Case C-339/19) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Free movement of capital - Company law - Shares admitted to trading on the regulated market - Financial investment company - National regulations limiting the shareholding in certain financial investment companies - Statutory presumption of concerted action)
(2020/C 390/12)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicants: SC Romenergo SA, Aris Capital SA
Defendant: Autoritatea de Supraveghere Financiară
Operative part of the judgment
Article 63 TFEU must be interpreted as precluding a national measure which provides for a 5 % limit on a shareholding in a financial investment company, if that measure is not justified by an overriding reason in the public interest, which it is for the referring court to ascertain.
(<span class="oj-super">1</span>) OJ C 255, 29.7.2019.
Language of the case: Romanian