30.5.2022

Official Journal of the European Union

C 213/21

(Case C-34/22)

(2022/C 213/28)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: VN

Defendant: Belgische Staat

Question referred

Does Article 21(1)(5) of the ITC 1992, as amended by Article 170 of the Law of 25 April 2014 on various provisions, infringe the provisions of Articles 56 and 63 TFEU and Articles 36 and 40 of the EEA Agreement, in that the provision in question, although it applies without distinction to domestic and foreign service providers, not only requires compliance with conditions analogous to those set out in Article 2 RD/ITC 1992, which are de facto specific to the Belgian market, but also requires, first of all, that such analogous requirements be laid down by the public authorities in the EEA State concerned, thus going beyond local prudential supervision and falling instead within the scope of the deposit guarantee scheme pursuant to Directive No 94/19/EC, [thereby] seriously imped[ing] foreign service providers from offering their services in Belgium? (1)

Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ 1994 L 135, p. 5).