Next month on 7 September 2023, Advocate General Jean Richard de la Tour will deliver his Opinion in Case C-822/21, Latvia v Sweden (Deposit Guarantee Schemes).
In this rare inter-state scenario (Article 259 TFEU), Latvia is pushing an infringement procedure against another Member State (Sweden), for its alleged failure to fulfil its obligations against another EU Member State. Even more unusually, the Court has only assigned it to a normal five-judge chamber. Ordinarily, just Article 259 TFEU cases receive Grand Chamber treatment.
Latvia is arguing that Sweden is in breach of Directive 2014/49 by not transferring the contributions paid by the Latvian branch of Nordea Bank AB, and that further, it constitutes a breach of sincere cooperation under Article 4(3) TEU.
It might be noted that the European Banking Authority recently issued a ‘binding mediation decision’ between Belgium and Spain on similar issues under the EBA Regulation (1093/2010) here.
More can be read about Case C-822/21, Latvia v Sweden (Deposit Guarantee Schemes) here.
Graham Butler

