Summary:
Original Link:
Original Article:
Case C-509/23, Laimz: Judgment of the Court (Sixth Chamber) of 19 June 2025 (request for a preliminary ruling from the Administratīvā rajona tiesa – Latvia) – Laimz SIA v Izložu un azartspēļu uzraudzības inspekcija
(Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2015/849 – Point 11(a) of Article 3 – Close associate of a politically exposed person – Definition – Article 45(1) and (8) – Obliged entities that are part of a group – Information sharing within the group – Application of decisions taken by another obliged entity that is part of that group – Article 14(1) and (8) – Ongoing monitoring of customers by obliged entities – Article 11(d) – Enhanced customer due diligence measures for providers of gambling services)
Judgment highlights:
1. Point 11(a) of Article 3 of Directive (EU) 2015/849 must be interpreted as meaning that an individual cannot be regarded as being a close associate of a politically exposed person solely on the ground that both persons are members of the executive body of the same association, but that situation nevertheless constitutes a relevant circumstance to be taken into account in that assessment.
2. Article 45(1) and (8) of Directive 2015/849 requires Member States to allow obliged entities within the same group to share information. However, this does not absolve entities of their responsibility to carry out customer due diligence.
3. Article 45(1) and (8) prohibits an obliged entity from automatically applying decisions made by senior management in another group entity without conducting its own risk assessment and due diligence.
4. Article 14(5) states that obliged entities are not required to apply due diligence measures to existing customers within the time limits imposed by national legislation unless new circumstances arise affecting the risk assessment or deficiencies in monitoring exist.
5. Article 11(d) mandates that obliged entities apply customer due diligence measures for transactions of EUR 2,000 or more, whether from a single operation or multiple linked operations.