Request for a preliminary ruling from the Tribunal d’arrondissement (Luxembourg) lodged on 21 May 2021 – G-Finance SARL, DV v Luxembourg Business Registers
(Case C-317/21)
Language of the case: French
Referring court
Tribunal d’arrondissement
Parties to the main proceedings
Applicants: G-Finance SARL, DV
Defendant: Luxembourg Business Registers
Questions referred
Are the provisions of Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU, 1 and in particular Article 1(15)(c) thereof, amending Article 30(5) 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, as amended by the aforementioned Directive (EU) 2018/843, in so far as they grant a right of access to information on the beneficial owners of companies and other legal entities to ‘any member of the general public’,
invalid because they:
infringe the principle of proportionality, as set out, in particular, in Article 5(4) TEU; and/or
infringe Article 16 of the Charter of Fundamental Rights of the European Union (freedom to conduct a business); and/or
infringe Articles 20 (equality before the law) and 21 (non-discrimination) of the Charter of Fundamental Rights of the European Union; and/or
infringe the general principle of European law of protection of business secrecy?
____________
1 OJ 2018 L 156, p. 43.