The Austrian Financial Market Authority (FMA) hereby announces that it has imposed a fine of € 35,000 respectively against Adler Real Estate AG, Petrus (UK) LLP and a natural person for breaches against the provisions of Article 91 para. 1 in conjunction with Article 92 para. 7 in conjunction with Article 95a no. 2 in conjunction with Article 95b of the Stock Exchange Act (BörseG; Börsegesetz).
Breaches of the transparency provisions (publicity about shareholdings) occurred, in that the legal entities acting in concert, whose shares are reciprocally attributed to one another, did not inform an issuer about the exceeding of a qualifying holding threshold of 30%.
The penal orders are not final.
Update: 02.08.2018
Appeals were lodged with the Federal Administrative Court (Bundesverwaltungsgericht).
Update: 08.10.2021
Based on a judgment of the Court of Justice of the European Union (CJEU) in the preliminary ruling procedure, the Federal Administrative Court has upheld the appeal by Adler Real Estate AG, Petrus (UK) LLP and a natural person, and has repealed the penal orders issued by the FMA on 29.06.2018 and has adjourned administrative penal proceedings. The orderly final right of appeal was declared not to be permissible in the respective instances. The decisions are final.