Official Journal of the European Union
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
Language of the case: French
Cour de cassation
Parties to the main proceedings
Applicant: Instrubel NV
Defendants: Montana Management Inc., BNP Paribas Securities Services
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:
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).