Request for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 17 May 2024 – Finansinspektionen v Carnegie Investment Bank AB

(Case C-363/24, Finansinspektionen)

Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings

Applicant: Finansinspektionen

Defendant: Carnegie Investment Bank AB

Questions referred

Can a communication that a particular person has been included in an insider list and is prevented from selling shares in an issuer be of a sufficiently specific nature to constitute inside information under Article 7(2) of the Market Abuse Regulation, ¹ even if the reasons for the person’s inclusion are not clear?

If that is the case, then under what conditions?

Is it relevant to the assessment of whether a communication of the kind referred to in Question 1 constitutes inside information, if the issuer’s assessment that the circumstances which led to the person’s inclusion in the insider list constituted inside information was correct?

Is it relevant to the assessment of whether a communication such as that referred to in Question 1 constitutes inside information, if the information contained in the communication was correct?

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¹ Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ 2014 L 173, p. 1).