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I am studying this case but I am only able to find the judgment of the court and the opinion of the general advocate. Where I can find a summary of the facts of the case?

  • By googling for C 233/94 – Singulaere Entitaet Mar 17 '17 at 18:25
  • Already tried but I found only judgment of the court and the opinion of the general advocate. I am asking since I am not a lawyer, so I am in trouble. – Archimede Mar 17 '17 at 18:26
  • You find the facts in the judgment under "The principal claim", paragraph 8 et seq. – Singulaere Entitaet Mar 17 '17 at 18:31
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The complaints made by Germany can be found beginning on page 8 of the full judgement.

In essence Germany is challenging an EU directive

The German Government considers that the first and third sentences of Article 57(2) of the Treaty, which provide that the Council and the Parliament are to issue directives for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons, cannot constitute the sole legal basis for the Directive. It claims that it follows from the first, second, fourth, sixteenth and seventeenth recitals in the preamble to the Directive that the Directive does not merely regulate banking operations but aims primarily to increase protection for depositors. Consequently, the Directive should also have been based on Article 235 of the Treaty. Since Article 57 is a special provision in relation to Article 100a, the latter provision is not applicable in the present case. Article 129a of the Treaty, which specifically concerns the protection of consumers, which include depositors, does not empower the Council to adopt, besides measures adopted pursuant to Article 100a, measures falling within the scope of the legal acts provided for in Article 189 of the Treaty.

  • Thanks a lot. And why Germany was against that directive for deposit guarantee harmonization? – Archimede Mar 18 '17 at 12:03

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