The Berlin court’s ruling: Bitcoin exchanges do not need BaFin’s permission


Even if the judge’s decision is not put on the Berlin higher regional court will ensure each Investor in the crypto-sector is in too great a rapture. The current judgment on the part of the question, whether the trade of crypto-currencies, a prior permission from the authorities, could be relevant for future decisions. This current media reports suggest.

Higher regional court of Berlin refers to the applicable banking law

To start with, to take The judge to the court of appeal of the Federal capital to come in judgment to the realization that the Buy Bitcoin and trade with other digital currencies in this country not require a permit. What is it exactly? Around five years ago, a Teenager had developed its own crypto exchange. As the Federal financial Supervisory authority (BaFin) was aware that, under the authority of a violation of the German banking act, which withdrew at the end of a monetary penalty. The previous ruling, which led to the punishment of the then-16-year-old accused, has now been reversed by the Oberlandesgericht (higher regional court) Berlin. With an acquittal. The verdict will leave many prospective customers sit up and take notice. The Bitcoin is not an officially recognized unit of account for a financial instrument in the current meaning of the legislation according to the banking act.

Judges see the limits of BaFin’s tasks hurt

Exactly this classification of the crypto-currencies will be debated for years hot. BaFin had been classified in 2011, an assessment of the Bitcoin as a “complementary currency”. The digital currency is such a unit of account, the court reversed, however, wherein it is oriented from said KWG. And this now contains one more rules from the time before the Boom of Cryptocurrencies such as Ethereum , or Dash. On the Basis of this legal position, the German financial Supervisory authority has made a bad assessment, and, ultimately, itself a breach of the law committed. The OLG says that the authority have taken their remit to be unjustified. The BaFin for the execution of the law, but not responsible for making the laws. Nevertheless, the BaFin intends to adhere to the “reservation of authorisation”.

In the end, it will probably need a Supreme court interpretation of the Federal administrative court, as many legal experts speculate already. The only way a law could be design, taking into account new parameters. The authority should accept, however, that unexpectedly the judgment, this could open up innovative developments. For example, consumers could trade-in soon Fiat money for crypto-currencies at ATMs, as it is abroad already possible in some cases.

Experts are calling for greater political and legal changes

Interestingly, the ruling is also important for existing platforms for crypto-trade. Without an existing Permit requirements, market launches would be much less bureaucratic and, therefore, easier and faster have been possible. Time for a new view of the growing market, it is all, how many industry insiders require on a regular basis. So far, the Grand coalition in spite of the measures announced, because of other problems in the crypto-subject of keeps, unfortunately.


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