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Announcement: FMA imposes sanction against a private person for a breach against the Stock Exchange Act 2018 (BörseG 2018)

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The Austrian Financial Market Authority (FMA) hereby announces that it has imposed a fine of EUR 44,000 against a private person for the delayed notification about their exceeding the 4% threshold for holdings in relation to financial instruments or other comparable instruments of an issuer. The private person omitted to notify the exceeding of the participation threshold in a timely manner to the FMA, the exchange operating company as well as the issuer. The penal order is not final.

Update: 30.04.2024

The private person has lodged an appeal to the Federal Administrative Court (BVwG; Bundesverwaltungsgericht) against the FMA’s penal order.

Update: 14.02.2025

The Federal Administrative Court (BVwG; Bundesverwaltungsgericht) rejected the appeal regarding the issue of guilt in its ruling of 03.02.2025. The fine imposed was reduced from EUR 44,000 to EUR 26,000. The orderly final right of appeal was declared not to be permissible. The penal order is final.

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