The Austrian Financial Market Authority (FMA) hereby announces that it has imposed a fine of EUR 325,500.00 against Lang & Schwarz AG with registered office in Düsseldorf, Germany, for a breach of the Market Abuse Regulation (MAR, Regulation (EU) 596/2014). In its function as general partner Lang & Schwarz AG conducts the function of market maker at Wiener Börse AG (Vienna Stock Exchange) among other trading venues through Lang & Schwarz TradeCenter AG & Co KG. In this function Lang & Schwarz AG is responsible for ensuring compliance with the relevant regulations. By having concluded 19 fictional transactions (crossings) arising due to negligence, Lang & Schwarz TradeCenter AG & Co KG has committed the offence of market manipulation. The penal order is not final.
Lang & Schwarz AG has submitted an appeal to the Federal Administrative Court (BVwG; Bundesverwaltungsgericht) against the FMA’s penal order.
The Federal Administrative Court (BVwG) has ended the proceedings with regard to one of the 19 points in the judgement due to the statute of limitations being exceeded, while otherwise upholding the rest of the penal order, with some conditions regarding the issue of attribution. The appeal was upheld with regard to the issue of the amount of the final, in that the penalty was reducted to EUR 154,184.00.