Communication: new case No. 0753 of 2021

IDENTIFIER
62021CN0753
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



28.2.2022   

EN

Official Journal of the European Union

C 95/18


Request for a preliminary ruling from the Cour de cassation (France) lodged on 8 December 2021 — Instrubel NV v Montana Management Inc., BNP Paribas Securities Services

(Case C-753/21)

(2022/C 95/22)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: Instrubel NV

Defendants: Montana Management Inc., BNP Paribas Securities Services

Questions referred

1.

Are Article 4(2), (3) and (4) and Article 6 of Regulation (EC) No 1210/2003, (1) as amended, to be interpreted as meaning that:

the frozen funds and economic resources remain, pending the decision to transfer them to the successor arrangements to the Development Fund for Iraq, the property of the natural and legal persons, bodies and entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources?

or those frozen funds are the property of the successor arrangements to the Development Fund for Iraq upon the entry into force of the regulation identifying, in Annexes III and IV, the natural and legal persons, bodies and entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources?

2.

Should the answer to Question 1 be that the funds and economic resources are the property of the successor arrangements to the Development Fund for Iraq, are Articles 4 and 6 of Regulation (EC) No 1210/2003, as amended, to be interpreted as meaning that attachment of the frozen assets is subject to the prior authorisation of the competent national authority? Or are those provisions to be interpreted as requiring the authorisation of that national authority only at the moment the frozen funds are released?


(1)  Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (OJ 2003 L 169, p. 6).



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