30.11.1993   

EN

Official Journal of the European Communities

L 295/4

1.

‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, financial guarantee and indemnity or credit whether legally independent or not and any related provision arising under or in connection with the transaction;

2.

‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and in particular includes:

3.

‘measures decicided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions’ means measures of the United Nations Security Council or measures introduced by the European Communities or any State, country or international organization in conformity with, as required by, or in connection with the implementation of relevant decisions of the United Nations Security Council, or any action authorized by the United Nations Security Council, in respect of the prevention of certain trade with Libya;

4.

‘person or body in Libya’ means

(a)

a person or body in Libya or acting through a person or body in Libya;

(b)

any person or body acting, directly or indirectly, on behalf of or for the benefit of one or more persons or bodies in Libya;

(c)

any person or body taking advantage of a transfer or rights of, or otherwise claiming through or under, one or more persons or bodies in Libya;

(d)

any other person or body referred to in paragraph 8 of United Nations Security Council Resolution 883 (1993);

(e)

any person or body making a claim arising from or in connection with the payment of a bond or financial guarantee or indemnity to one or more of the above-mentioned persons or bodies,

(a)

to claims relating to contracts or transactions, with the exception of any bond, financial guarantee or indemnity, in respect of which the persons or bodies referred to in the said Article prove to a court in a Member State that the claim was accepted by the parties prior to the adoption of the measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions, and that those measures have had no effect on the existence or content of the claim;

(b)

to claims for payment under an insurance contract in respect of an event occurring prior to the adoption of the measures referred to in Article 2 or under an insurance contract where such insurance is compulsory under the law of a Member State;

(c)

to claims for payment of sums paid into an account payment from which was blocked pursuant to the measures referred to in Article 2 provided that such payment does not concern sums paid under bonds in respect of contracts referred to in the said Article;

(d)

to claims relating to contracts of employment subject to the law of any Member State;

(e)

to claims for payment for goods which the persons or bodies referred to in Article 2 prove to a court in a Member State were exported prior to the adoption of the measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions and that those measures have had no efect on the existnece or content of the claim;

(f)

to claims for sums which the persons or bodies referred to in Article 2 prove to a court in a Member State are due under any loan made prior to the adoption of the measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions and that those measures have had no effect on the existence or content of the claim,