Case C-109/23, Jemerak: Judgment of the Court (Second Chamber) of 5 September 2024 (request for a preliminary ruling from the Landgericht Berlin – Germany) – GM, ON v PR (Reference for a preliminary ruling – Common foreign and security policy – Restrictive measures taken in view of Russia’s actions destabilising the situation in Ukraine – Regulation (EU) No 833/2014 – Article 5n(2) and (6) – Prohibition on the direct or indirect provision of legal advisory services to the Russian Government or to legal persons, entities or bodies established in Russia – Exemption concerning the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitration proceedings in a Member State – Authentication and execution, by a notary, of a contract for the sale of immovable property – Assistance provided by an interpreter during such authentication)
Date: 2024-09-05
Institutions: Court of Justice
Subjects: EU restrictive measure, Russo-Ukrainian issue, economic sanctions, establishment, international sanctions, interpreting, legal person, notary, provision of services, transfer of property








C_202406061EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6061


21.10.2024






Judgment of the Court (Second Chamber) of 5 September 2024 (request for a preliminary ruling from the Landgericht Berlin – Germany) – GM, ON v PR


(Case C-109/23,
                (1)
Jemerak)
                (2)

(Reference for a preliminary ruling - Common foreign and security policy - Restrictive measures taken in view of Russia’s actions destabilising the situation in Ukraine - Regulation (EU) No 833/2014 - Article 5n(2) and (6) - Prohibition on the direct or indirect provision of legal advisory services to the Russian Government or to legal persons, entities or bodies established in Russia - Exemption concerning the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitration proceedings in a Member State - Authentication and execution, by a notary, of a contract for the sale of immovable property - Assistance provided by an interpreter during such authentication)
(C/2024/6061)
Language of the case: German

Referring court

Landgericht Berlin

Parties to the main proceedings


Applicants: GM, ON

Defendant: PR

Operative part of the judgment

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, as amended by Council Regulation (EU) 2022/1904 of 6 October 2022,
must be interpreted as meaning that






—


authentication by a notary of a Member State of a contract for the sale of immovable property which is situated in the territory of that Member State and owned by a legal person established in Russia,










—


acts by that notary implementing such an authenticated contract for the purposes of cancelling the charges burdening that property, payment of the purchase monies to the seller and registration of the transfer of ownership in the Land Register,










—


translation services provided by an interpreter during such authentication in order to assist the representative of that legal person who does not have a command of the language of the authentication procedure,




are not covered by the prohibition on the provision of legal advisory services to such a legal person, laid down in that provision.


(1)  
            OJ C 189, 30.5.2023.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.


ELI: http://data.europa.eu/eli/C/2024/6061/oj
ISSN 1977-091X (electronic edition)