{"title":"欧盟法院:WM 和 Sovim SA 诉卢森堡商业登记处(合并案件 C-37/20 和 C-601/20)","authors":"Daniel Zigo","doi":"10.46282/blr.2023.7.2.725","DOIUrl":null,"url":null,"abstract":"Rules against money laundering and terrorist financing are an area of law in which the European Union is significantly active and introduces many innovations. Public registers of beneficial ownership were one of the crucial tools with which this legislation promoted the openness of corporate structures in the European environment. For this reason, the judgment of the European Court of Justice in the Joined Cases C-37/20 and C-601/20, WM and Sovim SA v. Luxembourg Business Registers, which cancelled public access to beneficial ownership registers, caused an immense response. Part of the public sees this step as a major blow to the transparency and part as a victory for the rights of individuals. This paper explains the factual situation in the given case, summarises the Advocate General's opinion and analyses the reasons that led the Court to the presented conclusions. The author also reflects on the jurisprudence of the Court, which led to the issuance of this decision and its importance in the field of AML and the protection of the right to privacy in general. Based on these facts, the conclusion presents the possible development of future beneficial ownership registers in the EU.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"4 4","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)\",\"authors\":\"Daniel Zigo\",\"doi\":\"10.46282/blr.2023.7.2.725\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Rules against money laundering and terrorist financing are an area of law in which the European Union is significantly active and introduces many innovations. Public registers of beneficial ownership were one of the crucial tools with which this legislation promoted the openness of corporate structures in the European environment. For this reason, the judgment of the European Court of Justice in the Joined Cases C-37/20 and C-601/20, WM and Sovim SA v. Luxembourg Business Registers, which cancelled public access to beneficial ownership registers, caused an immense response. Part of the public sees this step as a major blow to the transparency and part as a victory for the rights of individuals. This paper explains the factual situation in the given case, summarises the Advocate General's opinion and analyses the reasons that led the Court to the presented conclusions. The author also reflects on the jurisprudence of the Court, which led to the issuance of this decision and its importance in the field of AML and the protection of the right to privacy in general. Based on these facts, the conclusion presents the possible development of future beneficial ownership registers in the EU.\",\"PeriodicalId\":33796,\"journal\":{\"name\":\"Bratislava Law Review\",\"volume\":\"4 4\",\"pages\":\"\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2023-12-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Bratislava Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.46282/blr.2023.7.2.725\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Bratislava Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.46282/blr.2023.7.2.725","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
摘要
反洗钱和打击资助恐怖主义行为的规则是欧洲联盟非常活跃并引入许多创新的法律领域。实益拥有权公共登记册是这一立法在欧洲环境中促进公司结构开放的重要工具之一。因此,欧洲法院在联合案件 C-37/20 和 C-601/20(WM 和 Sovim SA 诉卢森堡商业登记处)中的判决取消了公众查阅实益所有权登记册的权利,引起了巨大反响。部分公众认为这一举措是对透明度的重大打击,部分则认为是个人权利的胜利。本文解释了该案的事实情况,概述了检察长的意见,并分析了导致法院得出上述结论的原因。作者还对导致法院做出该裁决的判例及其在反洗钱领域和一般隐私权保护方面的重要性进行了反思。在这些事实的基础上,结论提出了欧盟未来实际所有权登记册的可能发展。
CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)
Rules against money laundering and terrorist financing are an area of law in which the European Union is significantly active and introduces many innovations. Public registers of beneficial ownership were one of the crucial tools with which this legislation promoted the openness of corporate structures in the European environment. For this reason, the judgment of the European Court of Justice in the Joined Cases C-37/20 and C-601/20, WM and Sovim SA v. Luxembourg Business Registers, which cancelled public access to beneficial ownership registers, caused an immense response. Part of the public sees this step as a major blow to the transparency and part as a victory for the rights of individuals. This paper explains the factual situation in the given case, summarises the Advocate General's opinion and analyses the reasons that led the Court to the presented conclusions. The author also reflects on the jurisprudence of the Court, which led to the issuance of this decision and its importance in the field of AML and the protection of the right to privacy in general. Based on these facts, the conclusion presents the possible development of future beneficial ownership registers in the EU.