The Supreme Administrative Court asks the Court of the European Union ( CJEU) on the case with the early release of the Deputy Governor of the BNB Andrey Gyurov. This is reported on the court's website.
Administrative case No. 7373 of 2024 was initiated before the Supreme Court of Appeal on the complaint of Andrey Gyurov against decision No. 340 of July 16, 2024 of the Management Board of the BNB, which established grounds under Art. 14, para. 1 of ZBNB-1997 for his early dismissal from the post of deputy manager, head of the "Issue" in the BNB.
On the basis of the procedural rules of the CJEU, the supreme magistrates make the request for a preliminary ruling to be accepted for examination under the order of the fast procedure.
VAS addresses the following questions to the SES:
1. Should they be interpreted as applicable to all members of the decision-making bodies of a national central bank, laid down in the provision of Art. 14.2 of the Protocol (No. 4) on the Statute of the European System of Central Banks (ESCB) and of the European Central Bank (ECB) criteria for the dismissal of the governor and procedure for contesting the dismissal decision.
2. If the answer to Question No. 1 is negative, does the provision of Art. 14.2 of the Protocol (No. 4) on the Statute of the (ESCB) and the ECB, national legislation which introduces the same criteria for the release of the members of the decision-making bodies of a national central bank as are provided for the governor in the cited legal norm.< /p>
3. Does the provision of art. 14.2 of the Protocol (No. 4) on the Statute of the (ESCB) and the ECB, reconciling the holding of the position of Governor of the NCB and the participation as a partner in a capital trading company with the right to a part of the company's profit in proportion to the shareholding?
4. Does the provision of art. 14.2 of the Protocol (No. 4) on the Statutes of the (ESCB) and the ECB, reconciling the holding of the position of Governor of the NCB and participation in the governing body of a non-profit legal entity which, according to its statutes, can develop economic activity without being taken a unanimous decision of the management board of the NCB, as required by national legislation to carry out unpaid activity?
5. Do they allow the provision of Art. 131 of the Treaty on the Functioning of the European Union and Art. 7 of the Protocol (No. 4) on the Statute of the ESCB) and of the ECB, national legislation which obliges, within a certain period of taking office, the members of the decision-making bodies of a national central bank, in their capacity as persons holding a public office within the meaning of national legislation, to declare to a relevant state authority their participation as partners in capital commercial companies and their participation in management bodies of non-profit legal entities.
6. Do they allow the provision of art. 131 of the Treaty on the Functioning of the European Union and of Art. 14.2 of the Protocol (No. 4) on the Statute of the ESCB and of the ECB, national legislation which obliges, within a certain period of taking up the position of the Governor of the NCB, in his capacity as a person holding a public office within the meaning of national legislation, to take actions to suspend of his participation as a partner in a capital trading company and his participation in management bodies of non-profit legal entities?
7. Does the provision of Art. 14.2 of the Protocol (No. 4) on the Statute of the ESCB and of the ECB, an interpretation that treats a governor of the NCB, who has removed an incompatibility with the position held beyond the statutory period, as a person who does not meet the requirements necessary for the performance of his duties obligations?
8. Do they allow the provision of Art. 131 of the Treaty on the Functioning of the European Union and the provisions of Art. 7 and Art. 14.2 of the Protocol (No. 4) on the Statute of the ESCB and of the ECB, national legislation that allows the body charged with establishing the grounds for exemption, for the purposes and within the framework of this specific proceeding, to assess the culpable commission of a serious violation within the meaning of Art. . 14, paragraph 2 of the Statute of the European System of Central Banks and of the European Central Bank?
The Supreme Administrative Court suspends the proceedings in administrative case No. 7373/2024 until the ruling of the CJEU. The ruling is not subject to appeal.