Case C-803/24, Romcab and RTZ & Partners: Request for a preliminary ruling from the Curtea de Apel Târgu Mureș (Romania) lodged on 20 November 2024 – Romcab SA, RTZ & Partners SPRL, as liquidator of Romcab SA v Banca Comercială Română SA, Banca Transilvania, CEC Bank SA – Sucursala București, Codelco Kupferhandel GmbH, Compania de Asigurări Reasigurări-Exim România (Care România) SA, Euro Alloys Ltd, MKE Mansfeld GmbH, First Bank SA, Rusal Marketing GmbH, Unicredit Leasing Corporation IFN S.A.
Date: 2024-11-20
Institutions: Court of Justice
Subjects: EU restrictive measure, Russia, Russo-Ukrainian issue, Ukraine, contract, economic sanctions, international sanctions, payment, purchase, purchase price








C_202501738EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1738


31.3.2025






Request for a preliminary ruling from the Curtea de Apel Târgu Mureș (Romania) lodged on 20 November 2024 – Romcab SA, RTZ & Partners SPRL, as liquidator of Romcab SA v Banca Comercială Română SA, Banca Transilvania, CEC Bank SA – Sucursala București, Codelco Kupferhandel GmbH, Compania de Asigurări Reasigurări-Exim România (Care România) SA, Euro Alloys Ltd, MKE Mansfeld GmbH, First Bank SA, Rusal Marketing GmbH, Unicredit Leasing Corporation IFN S.A.


(Case C-803/24, Romcab and RTZ & Partners)

(C/2025/1738)
Language of the case: Romanian

Referring court

Curtea de Apel Târgu Mureș

Parties to the main proceedings


Appellants: Romcab SA, RTZ & Partners SPRL, as liquidator of Romcab SA

Respondents: Banca Comercială Română SA, Banca Transilvania, CEC Bank SA – Sucursala București, Codelco Kupferhandel GmbH, Compania de Asigurări Reasigurări-Exim România (Care România) SA, Euro Alloys Ltd, MKE Mansfeld GmbH, First Bank SA, Rusal Marketing GmbH, Unicredit Leasing Corporation IFN S.A.

Questions referred







1.


Is Article 3i(3ca) of Regulation No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, (1) as amended by Regulation 2023/2878, (2) to be interpreted as meaning that the concept of ‘execution’ of contracts concluded before 19 December 2023 may also include the related obligation to pay for goods that are the subject of a purchase contract and are among those referred to in paragraph 1 of that article, where those goods entered the European Union prior to 19 December 2023?










2.


If the answer to the first question is in the affirmative, is it sufficient, taking into account the period provided for in Article 3i(3ca) and the objective pursued by the adoption of the restrictive measures, in order to determine the applicability of that article, for the payment obligation in respect of the goods covered by the purchase contract to have become due before that period expires?










3.


May Article 3i(3ca) be interpreted as relating to a payment that has become due under a contract concluded before 19 December 2023, where the goods referred to in Article 3i(1) were supplied prior to 19 December 2023, but the payment due was not made in that period by the obligated party, who allowed the time limit to expire?










4.


Do the provisions of Article 3i(1) of Regulation No 833/2014, as amended by Regulation 2023/2878, preclude a request for payment arising out of a contract for the purchase of goods concluded prior to the amendments introduced by Regulation 2023/2878, where the goods entered the European Union before 19 December 2023 and payment was made neither at the time of delivery nor during the period provided for in paragraph 3ca?






(1)  Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1).

(2)  Council Regulation (EU) 2023/2878 of 18 December 2023 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2023 L, 2023/2878).


ELI: http://data.europa.eu/eli/C/2025/1738/oj
ISSN 1977-091X (electronic edition)