Compliance
Compliance Corner: Court Reverses Licence Ban On Lithuanian Fintech
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ABC Projektai, CJEU, Lithuania
The Court of Justice of the European Union has ruled that ABC
Projektai, an online payments firm in Lithuania, can win back its
bank licence after it was previously revoked by the Bank of
Lithuania.
ABC Projektai, formerly called Bruc Bond UAB, had its banking
licence revoked in April 2020 for allegedly holding customer
funds longer than necessary for online transactions.
The Supreme Administrative Court of Lithuania (SACL) accepted the
appeal. The ruling recognised ABC Projektai’s efforts to abide by
regulations and compliance, a statement from ABC Projektai said
late last week.
The fintech firm can operate under a full banking licence as of 1
July 2024.
The case is perhaps unusual in showing how a legal ruling by a
regulator to ban a financial business can be later
overturned.
“The court, aligning with the findings of the Court of Justice of
the European Union (CJEU), determined that the main allegation
against ABC Projektai regarding exceeding the boundaries of its
payment institution licence was invalid,” a statement from the
firm said.
"This complete vindication is a significant relief as it
validates our operational practices and unfailing commitment to
compliance with regulatory standards,” a spokesperson for ABC
Projektai said in a statement.
The initial penalty of permanent revocation was found by the
court to be excessively harsh and disproportionate given the
circumstances. The court also confirmed that there was no
evidence of intentional wrongdoing by ABC Projektai.
ABC Projektai said it received support from other EU member
states, including Germany, Poland, and the Czech Republic as well
as the European Commission.