CELEX: C2006/108/09
Language: en
Date: 2006-05-06 00:00:00
Title: Case C-117/06: Reference for a preliminary ruling from the Kammergericht Berlin made on  21 February 2006  in the land registry case of Gerda Möllendorf, Christiane Möllendorf-Niehuus; joined parties: 1. Salem -Abdul Ghani El-Rafeil, 2. Dr. Kamal Rafehi, 3 Ageel A. Al-Ageel

6.5.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/6
            
         Reference for a preliminary ruling from the Kammergericht Berlin made on 21 February 2006 in the land registry case of Gerda Möllendorf, Christiane Möllendorf-Niehuus; joined parties: 1. Salem -Abdul Ghani El-Rafeil, 2. Dr. Kamal Rafehi, 3 Ageel A. Al-Ageel
   (Case C-117/06)
   (2006/C 108/09)
   Language of the case: German
   Referring court
   Kammergericht Berlin
   Parties to the main proceedings
   
      Applicants: Gerda Möllendorf, Christiane Möllendorf
   
      Joined Parties: 1. Salem-Abdul Ghani El-Rafei, 2. Dr. Kamal Rafehi, 3. Ageel A. Al-Ageel
   Questions referred
   
               1.
            
            
               Do the provisions of Articles 2(3) and 4(1) of Council Regulation (EC) No 881/2002 of 27 May 2002 (1) prohibit property from being conveyed in performance of a sale and purchase agreement to a natural person listed in Annex I to that regulation?
            
         
               2.
            
            
               If Question 1 is to be answered in the affirmative: does Regulation (EC) No 881/2002 prohibit entry in the land register necessary for transferring ownership in the property also when the underlying sale and purchase agreement has been concluded, and the conveyance declared binding, before publication of the limitation on disposal in the Official Journal of the European Communities, and the contractual purchase price to be paid by the natural person listed in Annex I to the regulation, as purchaser, has already been
               
                           (a)
                        
                        
                           deposited on the notarial trust account or
                        
                     
                           (b)
                        
                        
                           paid to the seller?
                        
                     
         
      (1)  OJ L 139, p. 9.