Kantarev v Balgarska Narodna Banka

European Union – Finance. Articles 1(3) and 10(1) of Directive (EC) 94/19, as amended by Directive (EC) 2009/14, should be interpreted as precluding, first, national legislation according to which the determination that deposits had become unavailable was concomitant with the insolvency of that credit institution and the withdrawal of that institution's banking licence and, second, derogation from the time limits provided by those provisions for the purposes of determining that deposits had become unavailable and of reimbursing those deposits on the ground that the credit institution had to be placed under special supervision. The Court of Justice of the European Union so ruled, among other things, in proceedings concerning the harm that the applicant claimed to have sustained due to the late payment of the guaranteed deposit on the basis of deposits made to a current account opened with a bank which had subsequently become unavailable.

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