Referral C-798/24 (Jautiva, 19 Nov 2024)

Must the concept of persons who ‘take part in the administration, supervision or control of the company’, used in Article 14(d) of Directive 2017/1132, 1 be interpreted as referring to any shareholder in a public limited liability company, with the result that a Member State is obliged to disclose the information relating to every shareholder in a public limited company and make it publicly available in the register in accordance with Article 16(3) of Directive 2017/1132?

If the first question is answered in the affirmative, is Article 14(d)(ii) of Directive 2017/1132, in so far as it provides for the disclosure of particulars relating to every shareholder in a public limited liability company, valid in the light of the right to respect for private and family life guaranteed by Article 7 of the Charter and the right to the protection of personal data guaranteed by Article 8 thereof?

Must Article 5(1)(b) of the General Data Protection Regulation 1 be interpreted as meaning that processing the personal data of shareholders in a public limited liability company may serve the purpose, in the first place, of ensuring a transparent business environment and protecting the interests of third parties; in the second place, of preventing money laundering and the financing of terrorism and proliferation; and, in the third place, of providing the information necessary for the enforcement of national, international and European Union sanctions?

Do the principles established in Article 5(1) of the General Data Protection Regulation allow for the establishment, in the interests of those purposes, of national legislation under which any person may obtain the personal data of any shareholder in a public limited liability company without being obliged to demonstrate a legitimate interest in obtaining such data?