Judgment of the Court of Justice Grand Chamber of 28 November 2021, Commune d’Ans, C-148/22

• Date: 28 November 2021
• Year: 2021

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summarise Valuation 3 and the clarification document, but examined whether they remained valid in

the light of the comments made by the affected shareholders and creditors.

In the sixth place, the Court rejects the plea alleging infringement of the right to an effective remedy.

As regards the non-disclosure of certain information in the non-confidential version of Valuation 3

annexed to the preliminary decision, the Court observes that the SRB’s assessment, according to

which the redacted information relating to provisions for legal contingencies set out in Valuation 3

was covered by professional secrecy and was confidential, is not disputed. Nor is it disputed that the

SRB is under an obligation to protect confidential information.

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Furthermore, the applicants do not

indicate that the redacted information is required in order to understand the contested decision or to

exercise their right to an effective judicial remedy.

In the seventh place, the Court rejects the plea alleging infringement of the right to property.

The Court points out that Regulation No 806/2014 establishes a mechanism to ensure fair

compensation for the shareholders or creditors of the entity under resolution, in accordance with the

requirements of Article 17(1) of the Charter.

In the present case, having failed to establish that the SRB had made a manifest error of assessment

in concluding, on the basis of Valuation 3, that the affected Banco Popular shareholders and creditors

would not have received better treatment under normal insolvency proceedings than in the

resolution, the applicants have not shown that the contested decision infringes their right to property.

Moreover, it cannot validly be maintained that the SRB infringed Article 17 of the Charter, in so far as

the amount of the compensation under the no-creditor-worse-off principle was calculated on the

basis of the worst-case scenario for the shareholders, namely proceedings for the liquidation of

Banco Popular. The application of a counterfactual liquidation scenario complies with the applicable

provisions.

VI. SOCIAL POLICY: EQUAL TREATMENT IN EMPLOYMENT AND SOCIAL

SECURITY

Judgment of the Court of Justice (Grand Chamber) of 28 November 2021, Commune d’Ans,

C-148/22

Link to the full text of the judgment

Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Establishing a general

framework for equal treatment in employment and occupation – Prohibition of discrimination on the

grounds of religion or belief – Public sector – Terms of employment of a public administration prohibiting

the visible wearing of any philosophical or religious sign in the workplace – Islamic headscarf –

Requirement of neutrality in contacts with the public, hierarchical superiors and colleagues

OP has held, since 11 October 2016, the post of ‘head of office’ in the municipality of Ans (Belgium), a

function which she performs primarily without being in contact with users of public service.

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Under Article 88(5) of Regulation No806/2014.