Skip to main content

CJEU Advocate General: Banking secrecy can, under certain conditions, prevail over IP enforcement

Submitted by veraliah on Fri, 04/17/2015 - 15:12

On 16 April 2015, Advocate General (AG) Cruz Villalón issued his Opinion in case C-580/13, Coty Germany GmbH v. Stadtsparkasse Magdeburg, a reference from the German Bundesgerichtshof (German Federal Court of Justice) to the Court of Justice of the European Union (CJEU). 

Responding to the German court’s question concerning the interpretation of Article 8(3)(e) of the EU Enforcement Directive, the AG advised the CJEU to rule that Article 8(3)(e) of the Enforcement Directive is to be interpreted in the sense that EU Member States may not allow banks to invoke banking secrecy unconditionally to refuse information regarding the name and address of the holder of an account. 
To determine whether a national provision on banking secrecy is compatible with EU law, it is necessary to examine it from a fundamental rights perspective. 
The complete AG’s Opinion (to date, in Italian only) is available here.