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 struct...

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Main Author: Daniel Zigo
Format: Article
Language:English
Published: Comenius University in Bratislava, Faculty of Law 2023-12-01
Series:Bratislava Law Review
Subjects:
Online Access:https://blr.flaw.uniba.sk/index.php/BLR/article/view/725
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author Daniel Zigo
author_facet Daniel Zigo
author_sort Daniel Zigo
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description 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.
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spelling doaj.art-fd43e2d15dc04616bdbec488bac792a52023-12-31T15:25:15ZengComenius University in Bratislava, Faculty of LawBratislava Law Review2585-70882644-63592023-12-017210.46282/blr.2023.7.2.725CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)Daniel Zigo0Comenius University Bratislava 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. https://blr.flaw.uniba.sk/index.php/BLR/article/view/725Register of Beneficial OwnersAMLSovim CaseTransparencyData ProtectionRight to Privacy
spellingShingle Daniel Zigo
CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)
Bratislava Law Review
Register of Beneficial Owners
AML
Sovim Case
Transparency
Data Protection
Right to Privacy
title CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)
title_full CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)
title_fullStr CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)
title_full_unstemmed CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)
title_short CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)
title_sort cjeu wm and sovim sa v luxembourg business registers joined cases c 37 20 and c 601 20
topic Register of Beneficial Owners
AML
Sovim Case
Transparency
Data Protection
Right to Privacy
url https://blr.flaw.uniba.sk/index.php/BLR/article/view/725
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