CJEU Judgements9 Nov 2016 19:32
Hi All,
I have just recovered from the shock of disappointment from reading the judgments of CJEU on the case.
However, I have gone back to reading the opinion of the advocate general Wahl.
In sections 80-89, Particularly, in the wording of Section 84. it seems the issue of the direction Order compatibility with European Law will be decided by the Irish High Court when the case goes back to them.
Sections 91 and 92 give substance to this argument in shareholders favour. Especially when the Irish High Court makes decision on the proportionality of the direction order i.e. issuing shares below its nominal value.
The Irish High Court will also be required to investigate the shareholders missing €453m which was not included in the recapitalising the Bank. This was explained in Sections 93-96.
It is unlikely that CJEU rulings will be the end of this case.