Alexander Zalivako

2025.08.05 – Amsterdam Court of Appeal Judgement on EU and US sanctions against Iran

Attached is the text of the judgement. The judgement relates to a dispute regarding the retention of an aircraft engine by a forwarder (which was supposed to transport such engine to Iran) as security against potential US penalties arising in connections with export to Iran of restricted items. The Court of Appeal upheld such retention on the basis that it was permitted by the relevant transportation contract. The Court of Appeal upheld such contractual clause, despite the EU Anti-Boycott Regulation. The judgement is authority that the National Courts will not invalidate indemnity clauses in the contracts on the basis of the EU Anti-Boycott Regulation.

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