Victims of fraud therefore cannot derive a tortious claim for damages against banks or other obligated parties arising from breaches of obligations under the Money Laundering Act. How does the Federal Court of Justice (BGH) justify its finding that the provisions of the Money Laundering Act (GWG) cannot give grounds for third-party claims for damages? and 43 of the German Money Laundering Act (GWG) are not protective laws within the meaning of Section 823(2) of the German Civil Code (BGB). The Federal Court of Justice (BGH) considered it unnecessary to refer the matter to the European Court of Justice (ECJ). The Money Laundering Act protects the financial system as such – but not individual interests.