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Case C-695/22: Request for a preliminary ruling from the Městský soud v Praze (Czech Republic) lodged on 10 November 2022 — Fondee a.s. v Česká národní banka
ECLI:EU:UNKNOWN:62022CN0695
62022CN0695
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Valentina R., lawyer
30.1.2023
EN
Official Journal of the European Union
C 35/36
(Case C-695/22)
(2023/C 35/44)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: Fondee a.s.
Defendant: Česká národní banka
Questions referred
1.Does a person who is, pursuant to Article 3(1) of Directive 2014/65/EU (1) of the European Parliament and of the Council on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (MiFID II), excluded from the scope of that Directive, and who does not, pursuant to Article 3(3) of the Directive, enjoy the freedom to provide services as defined in Article 34 thereof, enjoy the right to freedom to provide services embodied in Article 56 of the Treaty on the Functioning of the European Union, if it itself does not provide investment services on the basis of a single European passport to a client established in another Member State, but rather receives an investment service from a foreign entity using a single European passport or otherwise takes part in its provision to the end client (acts as an intermediary)?
2.If the answer to the previous question is affirmative, does EU law, namely Article 56 of the Treaty on the Functioning of the European Union, preclude legislation prohibiting an investment broker from transmitting a client’s order to a foreign securities trader?
(1) OJ 2014 L 173, p. 349.