CELEX: E2015P0026
Language: en
Date: 2015-11-04 00:00:00
Title: Request for an Advisory Opinion from the EFTA Court by the Fürstliches Obergericht dated 4 November 2015 in the criminal proceedings against A (Case E-26/15)

22.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 480/6
            
         Request for an Advisory Opinion from the EFTA Court by the Fürstliches Obergericht dated 4 November 2015 in the criminal proceedings against A
   (Case E-26/15)
   (2016/C 480/08)
   A request has been made to the EFTA Court by a letter dated 4 November 2015 from the Fürstliches Obergericht (Princely Court of Appeal), which was received at the Court Registry on 9 November 2015, for an Advisory Opinion in the criminal proceedings against A on the following questions:
   
               1.
            
            
               Must Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing be interpreted as meaning that ‘trust and company service providers’, within the meaning of Article 2(1)(3)(c) and point (7)(b) of Article 3 of that Directive, are subject to the obligation to verify the customer’s identity as specified in Article 8(1)(a) and Article 9(1) and (6) of the Directive solely in accordance with the legislation of the Member State in which they are established (in welchem [der Dienstleister für Trusts und Gesellschaften] seinen rechtlichen Sitz hat)?
            
         
               2.
            
            
               If Question 1 is answered in the negative: what criteria must be used to determine whether ‘trust and company services providers’ are under the obligation to verify the customer’s identity as specified in Article 8(1)(a) and Article 9(1) and (6) of the Directive in accordance with the legislation of another Member State?
            
         
               3.
            
            
               Do the answers to Questions 1 and 2 also apply where the company for which administrative services are provided is a company not incorporated in a Member State?