Official Journal of the European Union
Request for a preliminary ruling from the Upravni sud u Zagrebu (Croatia) lodged on 22 April 2022 — ANTERA d.o.o. v Hrvatska agencija za nadzor financijskih usluga
Language of the case: Croatian
Upravni sud u Zagrebu
Parties to the main proceedings
Applicant: ANTERA d.o.o.
Defendant: Hrvatska agencija za nadzor financijskih usluga
Do operating leasing and/or long-term car rental services fall within the scope of Directive 2006/123/EC (the Services Directive), (1) as indicated in the Handbook on implementation of the Services Directive of 13 March 2008 issued by the Directorate-General for the Internal Market and Services? Should an entity that engages in operating leasing (but not financial leasing) and/or long-term car rental be considered a financial institution within the meaning of Article 4(1)(26) of Regulation (EU) No 575/2013? (2)
If the answer to the first question above is in the affirmative and the answer to the second question is in the negative, is granting the Hrvatska agencija za nadzor financijskih usluga (Croatian Agency for the Supervision of Financial Services) (HANFA) the power to supervise the provision of operating leasing and/or long-term car rental services pursuant to Article 6(1) of the Leasing Law, and to impose additional requirements and restrictions on undertakings that engage in such activities, compatible with Article 49 of the Treaty on the Functioning of the European Union, read in conjunction with Articles 9 to 13 of Directive 2006/123/EC?
Must Article 49 of the Treaty on the Functioning of the European Union and Articles 9 to 13 of Directive 2006/123/EC, in circumstances such as those at issue in the present dispute, in which a parent company from one Member State wishes to provide in another Member State, through a subsidiary, services of the same type as those which it provides in the original Member State, be interpreted as permitting a national law (the Leasing Law) to impose additional requirements and restrictions on the subsidiary and thereby hinder or render less attractive engaging in the activity in question?
(1) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).
(2) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ 2013 L 176, p. 1).