CELEX: C2007/297/13
Language: en
Date: 2007-12-08 00:00:00
Title: Case C-117/06: Judgment of the Court (Second Chamber) of 11 October 2007 (reference for a preliminary ruling from the Kammergericht Berlin — Germany) — Proceedings brought by Gerda Möllendorf and Christiane Möllendorf-Niehuus (Common foreign and security policy — Specific restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Freezing of funds and economic resources — Regulation (EC) No 881/2002 — Articles 2(3) and 4(1) — Prohibition on making economic resources available to persons listed in Annex I to that Regulation — Scope of prohibition — Sale of immovable property — Contract concluded before inclusion of a buyer in the list in Annex I — Application for registration of the transfer of ownership in the Land Register subsequent to that inclusion)

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/9
            
         Judgment of the Court (Second Chamber) of 11 October 2007 (reference for a preliminary ruling from the Kammergericht Berlin — Germany) — Proceedings brought by Gerda Möllendorf and Christiane Möllendorf-Niehuus
   (Case C-117/06) (1)
   
   (Common foreign and security policy - Specific restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Freezing of funds and economic resources - Regulation (EC) No 881/2002 - Articles 2(3) and 4(1) - Prohibition on making economic resources available to persons listed in Annex I to that Regulation - Scope of prohibition - Sale of immovable property - Contract concluded before inclusion of a buyer in the list in Annex I - Application for registration of the transfer of ownership in the Land Register subsequent to that inclusion)
   (2007/C 297/13)
   Language of the case: German
   Referring court
   Kammergericht Berlin
   Party in the main proceedings
   Gerda Möllendorf, Christiane Möllendorf-Niehuus
   Re:
   Reference for a preliminary ruling — Kammergericht Berlin — Interpretation of Articles 2(3) and 4(1) of Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (OJ 2002 L 139, p. 9) — Prohibition on making economic resources available to persons listed in Annex I — Refusal of the registration in the Land Register necessary for the transfer of ownership of a property following a contract of sale concluded prior to listing of the buyer in Annex I.
   Operative part of the judgment
   In a situation where both the contract for the sale of immovable property and the agreement on transfer of ownership of that property have been concluded before the date on which the buyer is included in the list in Annex I to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, as amended by Council Regulation (EC) No 561/2003 of 27 March 2003, and where the sale price has also been paid before that date, Article 2(3) of Regulation No 881/02, as amended by Regulation No 561/2003, must be interpreted as prohibiting the final registration, in performance of that contract, of the transfer of ownership in the Land Register subsequent to that date.
   
      (1)  OJ C 108, 6.5.2006.