ABC Projektai (Payment services in the internal market - Issuance of electronic money - Judgment) French Text [2024] EUECJ C-661/22 (22 February 2024)

ABC Projektai (Payment services in the internal market - Issuance of electronic money - Judgment) French Text [2024] EUECJ C-661/22 (22 February 2024)

The activity of a payment institution receiving and holding client funds without an immediate payment order, so that the funds remain available on a payment account, constitutes a payment service under Article 4(3) of Directive 2015/2366 and not the issuance of electronic money under Article 2(2) of Directive...

Source-derived case information.

Citation
[2024] EUECJ C-661/22
Parties
Applicant: ABC Projektai UAB (formerly Bruc Bond UAB); Respondent: Lietuvos bankas (Bank of Lithuania)
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Judgment on Reference From Lietuvos Vyriausiasis Administracinis Teismas (supreme Administrative Court of Lithuania)
Outcome
Question answered; activity constitutes a payment service, not electronic money issuance.
Legal Topics
Payment Services, Electronic Money, Licensing of Payment Institutions, Interpretation of EU Directives
European Union Law Financial Regulation Payment Services Electronic Money Licensing of Payment Institutions Interpretation of EU Directives

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Parties

ABC Projektai UAB (formerly Bruc Bond UAB)

Applicant

Lietuvos bankas (Bank of Lithuania)

Respondent

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Judgment on Reference From Lietuvos Vyriausiasis Administracinis Teismas (supreme Administrative Court of Lithuania)

  1. 1 Whether the receipt and holding of client funds by a payment institution without a specific payment order constitutes a payment service or the issuance of electronic money under EU law.

Ratio Decidendi

The activity of a payment institution receiving and holding client funds without an immediate payment order, so that the funds remain available on a payment account, constitutes a payment service under Article 4(3) of Directive 2015/2366 and not the issuance of electronic money under Article 2(2) of Directive 2009/110/EC.

Court Disposition

Question answered; activity constitutes a payment service, not electronic money issuance.