Judgment_paragraph 6 · Criminal proceedings against BG (C-427/22)

6Point 1 of Article 4(1) of Regulation No 575/2013, as amended by Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 (OJ 2019 L 314, p. 1) (‘the amended Regulation No 575/2013’), states:‘For the purposes of this Regulation, the following definitions shall apply:(1) “credit institution” means an undertaking the business of which consists of any of the following:(a) to take deposits or other repayable funds from the public and to grant credits for its own account;(b) to carry out any of the activities referred to in points (3) and (6) of Section A of Annex I to Directive 2014/65/EU of the European Parliament and of the Council [of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ 2014 L 173 p. 349)], where one of the following applies, but the undertaking is not a commodity and emission allowance dealer, a collective investment undertaking or an insurance undertaking:(i) the total value of the consolidated assets of the undertaking is equal to or exceeds EUR 30 billion;(ii) the total value of the assets of the undertaking is less than EUR 30 billion, and the undertaking is part of a group in which the total value of the consolidated assets of all undertakings in that group that individually have total assets of less than EUR 30 billion and that carry out any of the activities referred to in points (3) and (6) of Section A of Annex I to Directive 2014/65/EU is equal to or exceeds EUR 30 billion; or(iii) the total value of the assets of the undertaking is less than EUR 30 billion, and the undertaking is part of a group in which the total value of the consolidated assets of all undertakings in the group that carry out any of the activities referred to in points (3) and (6) of Section A of Annex I to Directive 2014/65/EU is equal to or exceeds EUR 30 billion, where the consolidating supervisor, in consultation with the supervisory college, so decides in order to address potential risks of circumvention and potential risks for the financial stability of the [European] Union;for the purposes of points (b)(ii) and (b)(iii), where the undertaking is part of a third‐country group, the total assets of each branch of the third‐country group authorised in the [European] Union shall be included in the combined total value of the assets of all undertakings in the group’.

Criminal proceedings against BG (C-427/22)

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