The Austrian Financial Market Authority (FMA) hereby announces that a penal order with a fine totalling EUR 85 000 has been issued against Stefan Gruze as the responsible representative of WIENWERT AG at the time that the offence occurred for multiple breaches against the regulations contained in the Capital Market Act (KMG; Kapitalmarktgesetz) on publicity.
WIENWERT AG failed, thereby contravening Article 4 para. 2 KMG, to refer in several advertisements and advertising images on the Internet, in e-mails as well as on the television and the radio to the prospectus as well as using in relation to the WIENWERT-Unternehmensanleihe 1-2017. The Capital Market Act (KMG) does not provide for the punishment of the legal person. The penal order is not final.
Update: 10.10.2017
Both Mr. Gruze and WIENWERT AG submitted an appeal to the Federal Administrative Court (BVwG; Bundesverwaltungsgericht) against the FMA’s penal order of 05.09.2017.
Update: 26.03.2020
The Federal Administrative Court rejected the appeal with regard to the issue of guilt in its ruling of 02.03.2020. Following the application of the principle of absorption that now applies, the imposed fine was reduced to EUR 60,000. The orderly final right of appeal was declared not to be permissible. The penal order is final.