Request for a preliminary ruling from the Okrajno sodišče v Mariboru (Slovenia) lodged on 31 January 2024 – LH v NOVA KREDITNA BANKA MARIBOR d.d.

(Case C-81/24, Jenec ¹ )

Language of the case: Slovenian

Referring court

Okrajno sodišče v Mariboru

Parties to the main proceedings

Applicant: LH

Defendant: NOVA KREDITNA BANKA MARIBOR d.d.

Questions referred

Does Article 16(4) of Directive 2014/92/EU ¹ permit Member States to require banks to refuse a consumer’s application for a payment account with basic features, on the ground that that consumer is included in the OFAC list – a list of the United States Department of the Treasury, Office of Foreign Assets Control – in that opening such an account would constitute an infringement of the rules on the prevention of money laundering and terrorist financing laid down in Directive (EU) 2015/849? ²

If the first question is answered in the affirmative: is there an exception where that consumer has never been convicted anywhere in the world of the offence for which he or she is included in the abovementioned list, and/or where no restrictive measures of any kind have been taken against that consumer by the Member State concerned, the European Union or any other international organisation of which the Member State concerned or the European Union is a member?

Does an answer in the affirmative to the first question mean non-compliance with Article 48 of the Charter of Fundamental Rights of the European Union which establishes the right to the presumption of innocence?

Does an answer in the negative to the second question mean non-compliance with Article 48 of the Charter of Fundamental Rights of the European Union which establishes the right to the presumption of innocence?

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¹ The name of the present case is fictitious. It does not correspond to the real name of any of the parties to the proceedings.

¹ Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ 2014 L 257, p. 214).

¹ 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 (OJ 2015 L 141, p. 73).