The European Court of Justice (ECJ) in Luxembourg has ruled that companies based in the EU can cancel contracts with Iranian organizations if upholding the original deal would lead to “disproportionate economic loss.”
On Tuesday, the ECJ set a precedent by ruling that Deutsche Telekom’s decision to terminate a contract with the German branch of the state-owned Bank Melli Iran would be lawful if a regional court contended that the telecoms firm would have sustained major losses due to US sanctions on Tehran.
Bank Melli Iran took legal action after Deutsche Telekom terminated a contract with it in 2018, prior to its expiry, after then-US President Donald Trump unilaterally withdrew from the Iran nuclear deal and reimposed crippling sanctions on Iranian businesses. The German firm, which makes about half of its turnover from its US enterprise, was concerned about becoming entangled in American sanctions.
In an attempt to save the nuclear deal following the US’ withdrawal, the EU had passed a “blocking statute” banning individuals and companies in the 27-nation bloc from adhering with the sanctions.
While the ECJ noted that the “blocking statute” might be “relied on in civil proceedings,” the EU’s prohibition could not “infringe the freedom to conduct a business … by leading to disproportionate economic loss.”
The ECJ said the Higher Regional Court in Hamburg would have to rule on whether Deutsche Telekom upholding its end of the contract would have resulted in “disproportionate economic loss.” If that were deemed to be the case, Deutsche Telekom’s move would indeed be lawful.
It noted that Deutsche Telekom had not applied to be released from the contract under the blocking statute, however, and said the Hamburg court would have to take that into consideration.
It is not yet clear when there will be a final ruling.
source: RT
Împotriva articolelor redacției noastre, persoanele nemulțumite pot formula Contestație în termen de 10 zile de la publicarea articolului, la judecătoria Orășenească nr. 1 München Bayern Deutschland, in conformitate cu Legea federală Germană. Considerăm că nu se pot formula acțiuni la instanțele din România deoarece nici o persoană care activează în trustul nostru nu poate fi extrasă de sub jurisdicția federală germană. Considerăm că redacția noastră nu răspunde în fața autorităților din România ci doar celor federale sau civile germane. deoarece legea română nu are efecte de extraneitate asupra redacției chiar dacă subiectul știrilor face obiectul unor evenimente sau persoane din România și sunt scrise în limba română. Limba română nu este izvor de extraneitate a legii.
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