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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 14,000 against a private person for the delayed notification about their exceeding the 4% threshold for holdings in relation to shares 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 01.12.2021:

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

Update 01.03.2023:

The Federal Administrative Court confirmed the FMA’s penal order dated 13.10.2021. The orderly final right of appeal was declared not to be permissible. The penal order is legally final.

Update 08.01.2026:

The Supreme Administrative Court (VwGH; Verwaltungsgerichtshof) rejected the extraordinary right of appeal due to there not being any legal issue of fundamental importance.