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Case C-822/21: Judgment of the Court (First Chamber) of 30 April 2024 – Republic of Latvia v Kingdom of Sweden (Failure of a Member State to fulfil obligations – Article 259 TFEU – Directive 2014/49/EU – Deposit guarantee schemes (DGSs) – Article 14(3) – Transfer of the activities of a credit institution from the DGS of one Member State to the DGS of another Member State – Transfer to the DGS of the host Member State of the contributions paid to the DGS of the home Member State during the 12 months preceding the transfer of the activities – Obligation – Failure to transfer contributions – Effectiveness – Principle of sincere cooperation)

ECLI:EU:UNKNOWN:62021CA0822

62021CA0822

April 30, 2024
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Official Journal of the European Union

C series

C/2024/3718

(Case C-822/21)

(Failure of a Member State to fulfil obligations - Article 259 TFEU - Directive 2014/49/EU - Deposit guarantee schemes (DGSs) - Article 14(3) - Transfer of the activities of a credit institution from the DGS of one Member State to the DGS of another Member State - Transfer to the DGS of the host Member State of the contributions paid to the DGS of the home Member State during the 12 months preceding the transfer of the activities - Obligation - Failure to transfer contributions - Effectiveness - Principle of sincere cooperation)

(C/2024/3718)

Language of the case: Swedish

Parties

Applicant: Republic of Latvia (represented by: J. Davidoviča, K. Pommere and I. Romanovska, acting as Agents)

Defendant: Kingdom of Sweden (represented by: H. Shev and O. Simonsson, acting as Agents)

Interveners in support of the applicant: Republic of Estonia (represented by: M. Kriisa, acting as Agent), Republic of Lithuania (represented by: K. Dieninis and V. Kazlauskaitė-Švenčionienė, acting as Agents), European Commission (represented by: E. Ljung Rasmussen and A. Nijenhuis, K. Simonsson and D. Triantafyllou, acting as Agents)

Operative part of the judgment

The Court:

1.Declares that, by refusing to transfer to the Latvian deposit guarantee scheme (DGS) the contributions that had been paid by the Latvian branch of Nordea Bank AB to the Swedish DGS in respect of the 12-month period preceding the transfer of the activities of that branch to the Latvian DGS, the Kingdom of Sweden failed to fulfil its obligations under Article 14(3) of Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes;

2.Dismisses the action as to the remainder;

3.Orders the Republic of Latvia, the Kingdom of Sweden, the Republic of Estonia, the Republic of Lithuania and the European Commission to bear their own costs.

Language of the case: Swedish.

ELI: http://data.europa.eu/eli/C/2024/3718/oj

ISSN 1977-091X (electronic edition)

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