CBb: Registration costs were unlawfully included in annual supervisory charges. Prejudicial question to European Court of Justice regarding distinction between registration and licensing regime.
June 24th 2025 The Dutch Trade and Industry Appeals Tribunal (CBb) has ruled today that the Dutch supervisor De Nederlandsche Bank (DNB) unlawfully charged crypto service providers for the years 2020 and 2021. According to the ruling, DNB included registration-related expenses in its annual supervisory fees, which violates the Financial Supervision Funding Act 2019. As a result, the fees established in the relevant regulations are declared invalid.
Background
The crypto service providers, represented by industry organisation VBNL, initiated legal proceedings against DNB due to excessively high supervisory costs. According to VBNL, the costs and the requirements went beyond what the European legislator intended, subjecting Dutch companies to disproportionate financial and administrative burdens.
Registration ≠ supervision
From May 2020 (prior to MiCAR), crypto service providers were subject to DNB registration under Dutch anti-money laundering legislation. The one-time registration fee was set at €5,000. However, DNB also charged significant additional costs through annual supervisory levies, even though these were mainly linked to the initial registration process. The court found this practice to be unlawful, affirming that costs for one-time administrative actions cannot be charged as part of recurring supervision fees.
2020 Fees: Annulled
The court delivered a final ruling on the 2020 fees. The fee decisions taken by DNB have been annulled. DNB must now reassess the objections brought by the crypto service providers, in line with the judgment.
2021 Fees: Referral to Court of Justice of the European Union
The part of the case in relation to the 2021 fees is still pending. The CBb has referred preliminary questions to the Court of Justice of the European Union (CJEU) regarding the interpretation of the EU Anti-Money Laundering Directive (Directive (EU) 2015/849). Proceedings are suspended until the CJEU delivers its ruling. The question concerns the distinction between a registration and a licensing regime.
Industry Response
The Dutch industry association for crypto service providers (VBNL) welcomes the decision:
"This ruling affirms the legal protections our members are entitled to. Regulatory costs must be transparent, lawful and proportionate. We hope this decision paves the way for a fairer cost model. This decision also represents a positive step toward a more level playing field across the European Union. In other Member States, supervisory fees for similar services are significantly lower. Aligning the Dutch cost structure more closely with the European average is crucial for fair competition in the rapidly evolving crypto market.””