3.1.2022

Official Journal of the European Union

C 2/6

(Case C-95/20) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Directive 2014/65/EU - Markets in financial instruments - Delegated Regulation (EU) 2017/565 - Investment firms - Article 56 - Assessment of appropriateness and related record-keeping obligations - Article 72 - Retention of records - Methods of retention - Information concerning client categorisation - Information on costs and associated charges relating to investment services)

(2022/C 2/07)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: ‘Varchev Finans’ EOOD

Defendant: Komisia za finansov nadzor

Intervener: Okrazhna prokuratura — Varna

Operative part of the judgment

Article 56(2) and Article 72(2) of Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive, read in conjunction with Annex I to that delegated regulation, must be interpreted as meaning that investment firms are not required to record the suitability and appropriateness assessments undertaken for each client with respect to investment products and services and the information provided to each client on the costs and charges relating to the investment services in separate single registers, in the form, in particular, of a database, and the manner in which those records are kept may be freely chosen, provided, however, that it meets all of the requirements laid down in Article 72(1) of that delegated regulation.

(<span class="oj-super">1</span>) OJ C 175, 25.5.2020.

Language of the case: Bulgarian