62020CO0049_INF
Order of the Court of Justice (Eighth Chamber) of 4 October 2022 –Teritorialna direktsia na NAP – Plovdiv
(Case C‑49/20) (
1
)
(Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Directive (EU) 2015/849 – Scope – National legislation requiring payments over a certain amount to be made exclusively by bank transfer or by deposit into a payment account)
1.
Questions referred for a preliminary ruling – Reply can be clearly deduced from the case-law – Application of Article 99 of the Rule of Procedure
(Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99)
(see paragraph 32)
2.
Approximation of laws – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive 2015/849 – Scope – Prohibition on making payments over a certain amount in cash – Obligation to make a bank transfer or a deposit into a payment account – Precluded
(European Parliament and Council Directive 2015/849)
(see paragraphs 37-39, 41, 43, 44, operative part)
Operative part
Legislation of a Member State which provides that domestic payments, the amount of which is equal to or exceeds a set threshold, are to be made only by bank transfer or by deposit into a payment account, regardless of the entity or the reason for paying in cash, since it applies to all payments in cash between natural and legal persons without distinction, does not fall within the scope 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 purpose 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.
(
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)	OJ C 137, 27.4.2020.