Jemerak (Common foreign and security policy — Restrictive measures in view of Russia's actions destabilising the situation in Ukraine - Judgment) French Text [2024] EUECJ C-109/23 (05 September 2024)

Jemerak (Common foreign and security policy — Restrictive measures in view of Russia's actions destabilising the situation in Ukraine - Judgment) French Text [2024] EUECJ C-109/23 (05 September 2024)

Notarial authentication of a real estate sale contract, execution acts by the notary, and interpreter services in this context do not constitute 'legal advisory services' within the meaning of Article 5 quindecies(2)(b) of Regulation (EU) No 833/2014. These acts are impartial public functions or non-legal services and thus fall outside the scope of the prohibition on providing legal advisory services to Russian entities.

Citation
[2024] EUECJ C-109/23
Parties
Applicant: GM; Applicant: ON; Respondent: PR
Jurisdiction
European Union
Judgment Date
05 September 2024
Procedural Posture
Preliminary Reference / Judgment on Reference From Landgericht Berlin
Outcome
Reference answered; notarial authentication, execution acts, and interpreter services do not fall under the prohibition of Article 5 quindecies(2)(b) of Regulation 833/2014.
Legal Topics
Restrictive Measures, Legal Services Prohibition, Notarial Acts, Interpretation of EU Sanctions, Property Transactions Involving Russian Entities
European Union Law Sanctions Law Property Law Restrictive Measures Legal Services Prohibition Notarial Acts Interpretation of EU Sanctions Property Transactions Involving Russian Entities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

GM

Applicant

ON

Applicant

PR

Respondent

Procedural Posture

Preliminary Reference / Judgment on Reference From Landgericht Berlin

Legal Issues

  1. 1 Does the authentication by a notary of a real estate sale contract involving a Russian legal entity violate the prohibition on providing legal advisory services under Article 5 quindecies(2)(b) of Regulation (EU) No 833/2014?
  2. 2 Do notarial execution acts and interpreter services in this context fall under the same prohibition?

Ratio Decidendi

Notarial authentication of a real estate sale contract, execution acts by the notary, and interpreter services in this context do not constitute 'legal advisory services' within the meaning of Article 5 quindecies(2)(b) of Regulation (EU) No 833/2014. These acts are impartial public functions or non-legal services and thus fall outside the scope of the prohibition on providing legal advisory services to Russian entities.

Court Disposition

Reference answered; notarial authentication, execution acts, and interpreter services do not fall under the prohibition of Article 5 quindecies(2)(b) of Regulation 833/2014.

Orders

  • Article 5 quindecies(2)(b) of Regulation (EU) No 833/2014 does not prohibit notarial authentication, execution acts, or interpreter services in the context of a real estate sale involving a Russian legal entity.