# C_2022095EN.01001901.xml

| 28.2.2022 | EN | Official Journal of the European Union | C 95/19 |
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28.2.2022

EN

Official Journal of the European Union

C 95/19

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Request for a preliminary ruling from the Cour de cassation (France) lodged on 8 December 2021 — Montana Management Inc. v Heerema Zwijndrecht BV, BNP Paribas Securities Services

(Case C-754/21)

(2022/C 95/23)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: Montana Management Inc.

Defendants: Heerema Zwijndrecht BV, BNP Paribas Securities Services

Questions referred

| 1. | Are Article 4(2), (3) and (4) and Article 6 of Regulation (EC) No 1210/2003, (1) as amended, to be interpreted as meaning that:






  — | the frozen funds and economic resources remain, pending the decision to transfer them to the successor arrangements to the Development Fund for Iraq, the property of the natural and legal persons, bodies and entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources? |
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1.

Are Article 4(2), (3) and (4) and Article 6 of Regulation (EC) No 1210/2003, (1) as amended, to be interpreted as meaning that:

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the frozen funds and economic resources remain, pending the decision to transfer them to the successor arrangements to the Development Fund for Iraq, the property of the natural and legal persons, bodies and entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources?

| — | or those frozen funds are the property of the successor arrangements to the Development Fund for Iraq upon the entry into force of the regulation identifying, in Annexes III and IV, the natural and legal persons, bodies and entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources? |
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or those frozen funds are the property of the successor arrangements to the Development Fund for Iraq upon the entry into force of the regulation identifying, in Annexes III and IV, the natural and legal persons, bodies and entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources?

| 2. | Should the answer to Question 1 be that the funds and economic resources are the property of the successor arrangements to the Development Fund for Iraq, are Articles 4 and 6 of Regulation (EC) No 1210/2003, as amended, to be interpreted as meaning that attachment of the frozen assets is subject to the prior authorisation of the competent national authority? Or are those provisions to be interpreted as requiring the authorisation of that national authority only at the moment the frozen funds are released? |
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2.

Should the answer to Question 1 be that the funds and economic resources are the property of the successor arrangements to the Development Fund for Iraq, are Articles 4 and 6 of Regulation (EC) No 1210/2003, as amended, to be interpreted as meaning that attachment of the frozen assets is subject to the prior authorisation of the competent national authority? Or are those provisions to be interpreted as requiring the authorisation of that national authority only at the moment the frozen funds are released?

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(1)  Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (OJ 2003 L 169, p. 6).

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