Judgment_paragraph 28 · Criminal proceedings against AK Dlhopolec s.r.o. and Others (C-590/24)

28Fourthly, that court notes that, in the absence of registration in the RPSP or for a period of two years from the date of removal from that register as a penalty, a natural or legal person may not enter into property relations with the public sector, receive European funds (with the exception of those relating to the European Agricultural Guarantee Fund), or tender for a contract with a public sector entity where the value of the contract exceeds the threshold set by the Law on the RPSP. Such prohibitions, resulting from the imposition of fines and any legal consequences arising therefrom, would also constitute obstacles to the exercise of freedom of enterprise, the free movement of goods and capital, and the freedom to provide services within the Union. It further states that, in the Slovak Republic, there are two systems for identifying the beneficial owners of an economic operator, namely that arising from the law transposing 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) and that resulting from the Law on the RPSP. Thus, in practice, it cannot be ruled out that the beneficial owner may be different within the meaning of those two laws, which would be problematic.

Criminal proceedings against AK Dlhopolec s.r.o. and Others (C-590/24)

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