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2015-8 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2015)

handle is hein.intyb/rcbjcofi0372 and id is 1 raw text is: ZCVRLA Case C-127/14 Andrejs Surma~s V Finangu un kapitla tirgus komisija (Request for a preliminary ruling from the Augstdkd Tiesa) (Reference for a preliminary ruling - Directive 94/19/EC - Point 7 of Annex I - scheme - Exclusion of certain depositors from the deposit-guarantee scheme 'manager') Deposit-guarantee - Exclusion of a Summary - judgment of the Court (Second Chamber), 2 September 2015 1. Freedom of establishment - Freedom t Deposit-guarantee schemes - Directive 94/19 - deposits or depositors from the guarantee - exclusions set out in Annex I - Option, for deposits or depositors - No such option) o provide services - Credit institutions - Option, for the Member States, to exclude certain Conditions - Exhaustive nature of the list of the Member States, to exclude other categories of (European Parliament and Council Directive 94/19, as amended by Directive 2009/14, Art. 3 and Annex I, point 7) 2. EU law - Interpretation - Methods - Literal, systematic and teleological interpretation 3. Freedom of establishment - Freedom to Deposit-guarantee schemes - Directive 94/19 - deposits or depositors from the guarantee - Concept of a manager - Criteria for assessment provide services - Credit institutions - Option, for the Member States, to exclude certain Exclusion of managers of credit institutions - (European Parliament and Council Directive 94/19, as amended by Directive 2009/14, Art. 3 and Annex I, point 7) 1. The deposits excluded under point 7 of Annex I to Directive 94/19 on deposit-guarantee schemes, as amended by Directive 2009/14, are listed exhaustively in that provision, so that the Member States cannot provide, in their national law, for other categories of depositors who are not covered, in terms of the functions carried out, by the concepts listed in that point, in order for the exclusion from the deposit-guarantee to be applied to them. In that regard, the categories to which point 7 of Annex I to Directive 94/19 refers, in order to determine the deposits or depositors excluded from the guarantee, must be defined in functional terms. Consequently, the exclusion of the deposit-guarantee applies to persons who carry out functions which can be considered, having regard to national law and to the commercial practice of the Member State, as being covered by the concepts referred to in that point of that annex, ECLI:EU:C:2015:522 Reports of Cases

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