Banco Santander SA v Asociación de Consumidores y Usuarios de Servicios Generales-Auge (C-346/23)

Judgment of 16 Jan 2025

law://eu/cjeu/2023/c-346-23/para_6@2026-11-12

6Article 74 of 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) provides:1. Member States shall ensure that any decision taken under the provisions of Regulation (EU) No 600/2014 [of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ 2014 L 173, p. 84),] or under laws, regulations or administrative provisions adopted in accordance with this Directive is properly reasoned and is subject to the right of appeal before a tribunal. The right of appeal before a tribunal shall also apply where, in respect of an application for authorisation which provides all the information required, no decision is taken within six months of its submission.2.Member States shall provide that one or more of the following bodies, as determined by national law, also may, in the interests of consumers and in accordance with national law, take action before the courts or competent administrative bodies to ensure that Regulation … No 600/2014 and the national provisions adopted in the implementation of this Directive are applied:(a) public bodies or their representatives;(b) consumer organisations having a legitimate interest in protecting consumers;(c) professional organisations having a legitimate interest in acting to protect their members.’

Banco Santander SA v Asociación de Consumidores y Usuarios de Servicios Generales-Auge (C-346/23)

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