LÍ, FME og íslenska ríkið tapa máli fyrir EFTA Court.

þetta skiptir mestu máli í dóminum:
,,As regards the substance of the case, the Court held that funds transferred by one credit institution to another pursuant to a loan agreement, must be considered deposits within the meaning of Article 1(1) of Directive 94/19. This applies even though the funds are not placed in a special account in the name of the lending credit institution, the borrowing credit institution has not issued any special documents recording the receipt of the funds, has not paid premiums in respect of the funds to the Depositors and Investors Guarantee Fund, and the funds have not been entered as a deposit in the books of the borrowing credit institution."

http://www.eftacourt.int/images/uploads/17_11_PR_EN.pdf