UBS Europe SE and others v DV and others

European Union – Approximation of national laws. Article 54 of Directive (EC) 2004/39 should be interpreted as meaning that the phrase 'cases covered by criminal law' in paras 1 and 3 of that article did not cover the situation in which the competent authorities adopted a measure consisting in prohibiting a person from holding a post as director or any other post subject to accreditation in an undertaking supervised by that regulator and ordering him to resign from all related posts at the earliest opportunity, on the ground that that person no longer fulfilled the requirement of good repute provided for in art 9 of that directive, which was part of the measures that the competent authorities were required to take when exercising the powers attributed to them under Title II of that directive. The Court of Justice of the European Union so held in proceedings concerning the refusal of the Luxembourg financial supervisory authority (the CSSF) to disclose certain documents in proceedings between the first respondent and the CSSF further to its finding of the loss of that respondent's good repute.

Category: