PrivatBank and Others (Freedom to provide services - Free movement of capital - National measure requiring a credit institution to terminate business relationships or to cease to enter into such relationships with non-nationals - Judgment) French Text [2023] EUECJ C-78/21 (02 March 2023)

PrivatBank and Others (Freedom to provide services - Free movement of capital - National measure requiring a credit institution to terminate business relationships or to cease to enter into such relationships with non-nationals - Judgment) French Text [2023] EUECJ C-78/21 (02 March 2023)

A national administrative measure requiring a credit institution to terminate or not enter into business relationships with non-nationals, based on anti-money laundering concerns and exceeding certain transaction thresholds, constitutes a restriction on the free movement of capital and the freedom to provide...

Source-derived case information.

Citation
[2023] EUECJ C-78/21
Parties
Applicant: AS PrivatBank; Applicant: A; Applicant: B; Applicant: Unimain Holdings LTD; Respondent: Finanšu un kapitāla tirgus komisija (FKTK)
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment
Outcome
Articles 56 and 63 TFEU do not preclude a national administrative measure prohibiting a credit institution from entering into or maintaining business relationships with non-nationals above certain transaction thresholds, provided the measure is justified by anti-money laundering objectives, is proportionate, and...
Legal Topics
Free Movement of Capital, Freedom to Provide Services, Anti Money Laundering, Banking Regulation, Discrimination Based on Nationality
European Union Law Financial Regulation Free Movement of Capital Freedom to Provide Services Anti Money Laundering Banking Regulation Discrimination Based on Nationality

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Parties

AS PrivatBank

Applicant

A

Applicant

B

Applicant

Unimain Holdings LTD

Applicant

Finanšu un kapitāla tirgus komisija (FKTK)

Respondent

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment

  1. 1 Whether national measures requiring a credit institution to terminate or not enter into business relationships with non-nationals constitute restrictions on the free movement of capital and freedom to provide services under Articles 56 and 63 TFEU.
  2. 2 Whether such restrictions can be justified by anti-money laundering and counter-terrorism objectives under EU law, specifically Directive 2015/849 and Article 65(1)(b) TFEU.
  3. 3 Whether the measures are proportionate and necessary to achieve the stated objectives.

Ratio Decidendi

A national administrative measure requiring a credit institution to terminate or not enter into business relationships with non-nationals, based on anti-money laundering concerns and exceeding certain transaction thresholds, constitutes a restriction on the free movement of capital and the freedom to provide services under Articles 56 and 63 TFEU. However, such a restriction may be justified under Article 65(1)(b) TFEU and Directive 2015/849 if it pursues the legitimate objective of preventing money laundering and terrorist financing, is proportionate, necessary, and does not go beyond what is required. The measure in question, applied to PrivatBank due to systematic compliance failures,...

Court Disposition

Articles 56 and 63 TFEU do not preclude a national administrative measure prohibiting a credit institution from entering into or maintaining business relationships with non-nationals above certain transaction thresholds, provided the measure is justified by anti-money laundering objectives, is proportionate, and...

Orders

  • The national court must verify the proportionality and necessity of the measure in light of the specific compliance failures and risk management deficiencies at PrivatBank.