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Offbeat CUM-EX: Warburg Bank sets constitutional complaint an

19:21  22 october  2021
19:21  22 october  2021 Source:   finanzen.net

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that involved in the "Cum-ex" affair Warburg Bank and its owners Max Warburg and Christian Olearius have filed constitutional complaint against a judgment of the Federal Court of Justice (BGH).

Der Haupteingang des Bankhauses in Hamburg. © Axel Heimke / DPA The main entrance of the bank in Hamburg.

In the end of July, the BGH had confirmed a saying of the district court Bonn against two ex-stock exchange traders from London and for the first time at least the criminal liability of so-called Cum ex transactions found. Warburg and Olearius had been injured in their rights guaranteed by the European Human Rights Convention, lawyer Peter Gauweiler said on Friday before the Parliamentary Investigation Committee of Hamburg Citizenship. Therefore, the complaint was submitted to the Federal Constitutional Court on Thursday.

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No debtor

The bank owners had been denied the judgment in the judgment on a fair procedure and the presumption of innocence, as in particular with regard to olearius "concluding definitions of his alleged criminal debt" were contained without which they were previously found in a constitutional procedure was said Gauweiler.

The BGH had decided that "Cum-ex" transactions the offense of tax evasion is fulfilled, and also confirmed that Warburg Bank has to repay more than 176 million euros. The Hamburg Bankhaus had already paid the demands in the meantime, without having to associate a guilty confession of how the bank had always stressed. She had also announced to continue against the tax assessments.

The bank and its owners demanded the annulment of the BGH judgment and the transfer to the Federal Court of Justice in their complaint before the Federal Constitutional Court, said Gauweiler.

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This is interesting!