Criminal proceedings against Graziano Mattiazzo. [1987] EUECJ R-422/85 (17 December 1987)

Criminal proceedings against Graziano Mattiazzo. [1987] EUECJ R-422/85 (17 December 1987)

Directive 77/780/EEC does not detract from the power of Member States to lay down rules on the legal status of credit institutions. The classification of employees of credit institutions as public officials or persons responsible for a public service for the purposes of the application of the criminal law of a Member State is not contrary to the provisions or the objective of Directive 77/780/EEC.

Citation
[1987] EUECJ R-422/85
Parties
Defendant: Graziano Mattiazzo; Interested Party: Banca Popolare di Padova e Treviso
Jurisdiction
European Union
Judgment Date
17 December 1987
Procedural Posture
Preliminary Ruling (article 177 Eec) / Preliminary Reference From National Criminal Proceedings
Outcome
Preliminary ruling issued; Directive 77/780/EEC does not preclude national classification of credit institution employees as public officials or persons responsible for a public service.
Legal Topics
Interpretation of Directive 77/780/eec, Legal Status of Credit Institutions, Classification of Bank Employees Under National Criminal Law
European Union Law Criminal Law Banking Law Interpretation of Directive 77/780/eec Legal Status of Credit Institutions Classification of Bank Employees Under National Criminal Law

Case Brief

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Parties

Graziano Mattiazzo

Defendant

Banca Popolare di Padova e Treviso

Interested Party

Procedural Posture

Preliminary Ruling (article 177 Eec) / Preliminary Reference From National Criminal Proceedings

Legal Issues

  1. 1 Whether Directive 77/780/EEC precludes Member States from classifying employees of credit institutions as public officials or persons responsible for a public service for the purposes of national criminal law
  2. 2 Whether the Directive affects the power of Member States to lay down rules on the legal status of credit institutions

Ratio Decidendi

Directive 77/780/EEC does not detract from the power of Member States to lay down rules on the legal status of credit institutions. The classification of employees of credit institutions as public officials or persons responsible for a public service for the purposes of the application of the criminal law of a Member State is not contrary to the provisions or the objective of Directive 77/780/EEC.

Court Disposition

Preliminary ruling issued; Directive 77/780/EEC does not preclude national classification of credit institution employees as public officials or persons responsible for a public service.

Orders

  • Directive 77/780/EEC does not detract from the power of the Member States to lay down rules on the legal status of credit institutions.
  • The classification of employees of credit institutions as public officials or as persons responsible for a public service for the purposes of the application of the criminal law of a Member State is not contrary to the provisions or the objective of Directive 77/780/EEC.