Interpretation of compatibility of the Austrian Finanzmarkt-Geldwäschegesetz (FM-GwG) with EU secondary law - Directive (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing) - and general principles of EU law, particularly the effectiveness of EU Directives (effet utile).

The Austrian provisions require that, in order to punish a legal person, an official representative or another natural person who has acted for the legal person has previously been given the formal party status of defendant and that this natural person or representative be declared of wrongdoing to attribute that conduct to the legal person.

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