Alexander Zalivako

2024.11.05 – ECJ judgement in Case C‑109/23 [Jemerak] interpreting whether notary services may be classified as “legal advisory services”

Attached is the text of the judgement. The judgement is authority that the prohibition to provide legal advisory services under Regulation 833/2014 does not cover: (i) authentication of contracts by a notary; (ii) act of a notary implementing any contract (e.g., cancelling mortgages or registering the property rights); and (iii) translation services required in connection with the above. The argument for this conclusion is that a public notary is not providing an opinion to a party on law, but is acting as a public official. Arguably, under the same principle the acts of any other public official (e.g., any holder of a registry) and any ancillary services should not be covered by the prohibition to provide legal advisory services. The judgement also revealed that the purpose behind the restriction to provide legal advisory services is (as stated by the Council during the proceedings) to: (i) make it more difficult for Russian business to operate in the EU; and (ii) to address the risk that legal service contribute to circumvention of EU sanctions.

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