# C_2023189EN.01001601.xml

| 30.5.2023 | EN | Official Journal of the European Union | C 189/16 |
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30.5.2023

EN

Official Journal of the European Union

C 189/16

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Request for a preliminary ruling from the Landgericht Berlin (Germany) lodged on 23 February 2023 — GM, ON v PR

(Case C-109/23, Jemerak (1))

(2023/C 189/22)

Language of the case: German

Referring court

Landgericht Berlin

Parties to the main proceedings

Complainants: GM, ON

Respondent: PR

Questions referred (2)

| 1. | Does a German notary infringe the prohibition on providing, directly or indirectly, legal advisory services to a legal person established in Russia if he or she authenticates a contract for the sale of title to an apartment (Wohnungseigentum) entered into between that person as the seller and a national of a Member State of the European Union? |
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1.

Does a German notary infringe the prohibition on providing, directly or indirectly, legal advisory services to a legal person established in Russia if he or she authenticates a contract for the sale of title to an apartment (Wohnungseigentum) entered into between that person as the seller and a national of a Member State of the European Union?

| 2. | Does an interpreter act in contravention of the prohibition on providing, directly or indirectly, legal advisory services if, for the purposes of that authentication of the contract of sale, he or she accepts an assignment from that notary to translate the content of the authentication proceedings for the representative of the legal person established in Russia, who lacks sufficient proficiency in the German language? |
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2.

Does an interpreter act in contravention of the prohibition on providing, directly or indirectly, legal advisory services if, for the purposes of that authentication of the contract of sale, he or she accepts an assignment from that notary to translate the content of the authentication proceedings for the representative of the legal person established in Russia, who lacks sufficient proficiency in the German language?

| 3. | Does the notary infringe the prohibition on providing, directly or indirectly, legal advisory services if he or she accepts and carries out instructions to perform notarial activities provided for by law for the purposes of execution of the contract of sale (for example, settlement of the purchase price payment via an escrow account held by the notary, requesting documents required for the cancellation of mortgages and other encumbrances burdening the object of sale, submission of the documents necessary to effect registration of the transfer of title to the body maintaining the Grundbuch (‘the Land Register’))? |
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3.

Does the notary infringe the prohibition on providing, directly or indirectly, legal advisory services if he or she accepts and carries out instructions to perform notarial activities provided for by law for the purposes of execution of the contract of sale (for example, settlement of the purchase price payment via an escrow account held by the notary, requesting documents required for the cancellation of mortgages and other encumbrances burdening the object of sale, submission of the documents necessary to effect registration of the transfer of title to the body maintaining the Grundbuch (‘the Land Register’))?

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(1)  The present case is referred to by a fictitious name, which does not correspond to the real name of any party to the proceedings.

(2)  Interpretation of Article 5n(2) of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (Russia-Sanctions-Regulation) (OJ 2014 L 229, p. 1), in the version applicable since 7 October 2022.

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