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FMA imposes sanction against a private investor for a breach of the Stock Exchange Act (BörseG)

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The Austrian Financial Market Authority (FMA) hereby announces that it has imposed fines totalling EUR 1,000.00 against a private investor for a breach of the provisions on the prevention of market abuse (Article 48c of the Stock Exchange Act (BörseG; Börsegesetz)). The private investor has in particular conducted market manipulation in contravention of Article 12 (1) (a) (i) in conjunction with Article 15 of Regulation (EU) No. 596/2014 by conducting fictitious transactions (crossings).

An appeal was lodged against this penal order with the Federal Administrative Court (Bundesverwaltungsgericht).

Update: 10.07.2018

The penal order was confirmed in its entirety by the Federal Administrative Court (BVwG; Bundesverwaltungsgericht). The Federal Administrative Court (BVwG) has declared the final right of appeal pursuant to Article 133 para. 4 of the Federal Constitutional Act (B-VG; Bundes-Verfassungsgesetz) to be inadmissible. The penal order is final.

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