Refusal to provide information by invoking banking secrecy not allowed

18-07-2015 Print this page
IPPT20150716, CJEU, Coty Germany v Stadtsparkasse

LITIGATION

 

Article 8(3)(e) of Directive must be interpreted as precluding a national provision, which allows, in an unlimited and unconditional manner, a banking institution to invoke banking secrecy in order to refuse to provide, information concerning the name and address of an account holder


"It follows from the foregoing that a national provision, such as that at issue in the main proceedings, taken in isolation, is such as to seriously infringe the fundamental right to an effective remedy and, ultimately, the fundamental right to intellectual property, enjoyed by the holders of those rights, and that it does not, therefore, comply with the requirement to ensure a fair balance between, on the one hand, the various fundamental rights, and, on the other, Article 8 of Directive 2004/48.
It follows from all the foregoing that the answer to the question referred is that Article 8(3)(e) of Directive 2004/48 must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which allows, in an unlimited and unconditional manner, a banking institution to invoke banking secrecy in order to refuse to provide, pursuant to Article 8(1)(c) of that directive, information concerning the name and address of an account holder."

 

IPPT20150716, CJEU, Coty Germany v Stadtsparkasse

C-580/13 - ECLI:EU:C:2015:485