21.10.2019

Official Journal of the European Union

C 357/17

(Case C-544/19)

(2019/C 357/23)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: ECOTEX BULGARIA EOOD

Defendant: Teritorialna direktsia na Natsionalnata agentsia za prihodite

Questions referred

Question 1:

Must Article 63 TFEU be interpreted as precluding national legislation such as that in question in the main proceedings, under which domestic payments amounting to 10 000 leva (BGN) or more are only to be made by transfer or deposit into a payment account and which restricts the cash payment of dividends from undistributed profits of BGN 10 000 or more? If Article 63 TFEU does not preclude that regulation, is such a restriction justified by the aims of Directive (EU) 2015/849? (<span class="super note-tag">1</span>)

Question 2:

Must Article 2(1) of Directive (EU) 2015/849, in consideration of Recital 6 and Articles 4 and 5 thereof, be interpreted as not precluding a general national legislative provision such as that in question in the main proceedings, under which domestic payments of BGN 10 000 or more are only to be made by transfer or deposit into a payment account and which has no interest in the person and in the reason for the cash payment and at the same time covers all cash payments among natural and legal persons?

(1) If that question is answered in the affirmative, does Article 2(1)(3)(e) of Directive (EU) 2015/849, in consideration of Recital 6 and Articles 4 and 5 thereof, allow the Member States to provide for additional general restrictions of domestic cash payments in a national legislative provision such as that in question in the main proceedings, under which domestic cash payments of BGN 10 000 or more are only to be made by transfer or deposit into a payment account, if the reason for the cash payment is ‘undistributed profits’ (dividends)?

(2) If that question is answered in the affirmative, does Article 2(1)(3)(e) of Directive (EU) 2015/849, in consideration of Recital 6 and Article 5 thereof, allow the Member States to provide for restrictions of cash payments in a national legislative provision such as that in question in the main proceedings, under which domestic payments of BGN 10 000 or more are only to be made by transfer or deposit into a payment account, where the threshold value is below EUR 10 000?

Question 3:

Must Article 58(1) and Article 60(4) of Directive (EU) 2015/849, with regard to Article 49(3) of the Charter of Fundamental Rights of the European Union, be interpreted as precluding a national legislative provision such as that in question in the main proceedings, which stipulates a fixed level of administrative penalties for infringements of the cash payment restrictions and does not allow any differentiating assessment taking account of the specific relevant circumstances?

(1) If the answer is that the provisions of Article 58(1) and Article 60(4) of Directive (EU) 2015/849, with regard to Article 49(3) of the Charter of Fundamental Rights of the European Union, allow a national legislative provision such as that in question in the main proceedings, which stipulates a fixed level of administrative penalties for infringements of the cash payment restrictions, must the provisions of Article 58 and Article 60(4) of Directive (EU) 2015/849, in consideration of the principle of effectiveness and the right to an effective remedy under Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as precluding a national legislative provision such as that in question in the main proceedings, which restricts judicial review, if that provision does not allow the court to determine an administrative penalty for infringements of the cash payment restrictions, in the event of an appeal, below the amount that has been set, taking account of the specific relevant circumstances?

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 (Text with EEA relevance) (OJ 2015 L 141, p. 73).