Asunto C-483/14: Sentencia del Tribunal de Justicia (Sala Tercera) de 7 de abril de 2016 (petición de decisión prejudicial planteada por el Oberster Gerichtshof — Austria) — KA Finanz AG/Sparkassen Versicherung AG Vienna Insurance Group (Procedimiento prejudicial — Convenio de Roma — Ley aplicable — Fusión transfronteriza — Directiva 78/855/CEE — Directiva 2005/56/CE — Fusión por absorción — Protección de los acreedores — Transferencia de la totalidad del patrimonio activo y pasivo de la sociedad absorbida a la sociedad absorbente)
Section | información judicial |
Issuing Organization | Tribunal de Justicia de las Comunidades Europeas |
13.6.2016 ES Diario Oficial de la Unión Europea C 211/14
Lengua de procedimiento: alemán
Oberster Gerichtshof
Demandante: KA Finanz AG
Demandada: Sparkassen Versicherung AG Vienna Insurance Group
1) El Derecho de la Unión debe interpretarse en el sentido de que: — la ley aplicable, tras una fusión por absorción transfronteriza, a la interpretación, al cumplimiento de las obligaciones y a los modos de extinción de un contrato de empréstito, como los contratos de empréstito controvertidos en el litigio principal, celebrado por la sociedad absorbida, es la que era aplicable a ese contrato antes de dicha fusión;
— las disposiciones que regulan la protección de los acreedores de la sociedad absorbida, en un caso como el controvertido en el litigio principal, son las de la legislación nacional que se aplicaban a esa sociedad.
2) El artículo 15 de la Tercera Directiva 78/855/CEE del Consejo, de 9 de octubre de 1978, basada en...
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