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23.1.2023 |
EN |
Official Journal of the European Union |
C 24/3 |
Judgment of the Court (Grand Chamber) of 22 November 2022 (requests for a preliminary ruling from the Tribunal d’arrondissement de Luxembourg — Luxembourg) — WM (C-37/20), Sovim SA (C-601/20) v Luxembourg Business Registers
(Joined Cases C-37/20 and C-601/20) (1)
(Reference for a preliminary ruling - Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Directive (EU) 2018/843 amending Directive (EU) 2015/849 - Amendment to Article 30(5), first subparagraph, point (c), of Directive 2015/849 - Access for any member of the general public to the information on beneficial ownership - Validity - Articles 7 and 8 of the Charter of Fundamental Rights of the European Union - Respect for private and family life - Protection of personal data)
(2023/C 24/03)
Language of the case: French
Referring court
Tribunal d’arrondissement de Luxembourg
Parties to the main proceedings
Applicants: WM (C-37/20), Sovim SA (C-601/20)
Defendant: Luxembourg Business Registers
Operative part of the judgment
Article 1(15)(c) of Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU, is invalid in so far as it amended point (c) of the first subparagraph of Article 30(5) of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, in such a way that point (c) of the first subparagraph of Article 30(5), as thus amended, provides that Member States must ensure that information on the beneficial ownership of companies and of other legal entities incorporated within their territory is accessible in all cases to any member of the general public.