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Document C2006/108/09

    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

    JO C 108, 6.5.2006, p. 6–6 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    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.

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