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Case C-671/23, Lietuvos bankas: Judgment of the Court (Sixth Chamber) of 19 June 2025 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas – Lithuania) – M v Lietuvos bankas (Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive (EU) 2015/849 – Article 59 – Concept of systematic infringement – Penalties – National legislation or national practice allowing a separate fine to be imposed in respect of each infringement established in the course of one and the same investigation – Compatibility with EU law – Minimum harmonisation – Observance of the general principles of EU law – Effective, proportionate and dissuasive sanctions – Principle ne bis in idem)
ECLI:EU:UNKNOWN:62023CA0671
62023CA0671
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Official Journal of the European Union
C series
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C/2025/4248
11.8.2025
(Case C-671/23,
(1)
Lietuvos bankas)
(Reference for a preliminary ruling - Prevention of the use of the financial system for the purposes of money laundering and terrorist financing - Directive (EU) 2015/849 - Article 59 - Concept of ‘systematic infringement’ - Penalties - National legislation or national practice allowing a separate fine to be imposed in respect of each infringement established in the course of one and the same investigation - Compatibility with EU law - Minimum harmonisation - Observance of the general principles of EU law - Effective, proportionate and dissuasive sanctions - Principle ne bis in idem)
(C/2025/4248)
Language of the case: Lithuanian
Referring court
Parties to the main proceedings
Applicant: M
Defendant: Lietuvos bankas
Operative part of the judgment
Article 59 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,
must be interpreted as not precluding national legislation or a national practice whereby each ‘systematic infringement’ of the requirements set out in Article 59(1), which has been established by the competent authority of a Member State in the course of one and the same investigation, must be classified as a ‘separate systematic infringement’ giving rise to a separate fine, the amount of which is set based on the maximum amount of the financial penalty which may be imposed under that national legislation or national practice, in so far as the general principles of EU law are observed, in particular the principles of effectiveness and proportionality.
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(1) OJ C, C/632/2024.
ELI: http://data.europa.eu/eli/C/2025/4248/oj
ISSN 1977-091X (electronic edition)
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