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Case C-290/25, Aero VIM: Request for a preliminary ruling from the Landgericht Mainz (Germany) lodged on 16 April 2025 – Sprocure LLC v Aero VIM GmbH
ECLI:EU:UNKNOWN:62025CN0290
62025CN0290
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Official Journal of the European Union
EN
C series
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C/2025/3872
21.7.2025
(Case C-290/25, Aero VIM)
(C/2025/3872)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Sprocure LLC
Defendant: Aero VIM GmbH
Questions referred
Must Article 11(1)(c) of Regulation (EU) No 833/2014 (<span class="oj-super oj-note-tag">1</span>) be interpreted as also covering situations where the person concerned acts as a ‘straw man’ for one of the persons, entities or bodies referred to in points (a) or (b) of that paragraph, that is to say, on their behalf, but without disclosing this?
Must Article 11(1)(c) of Regulation EU No 833/2014 be interpreted as also covering the reimbursement of down payments or advance payments that have already been made on the purchase price, in the event of a refusal to deliver the goods (invoking the sanctions laid down in the Regulation)?
If so: what consequence in law does this prohibition on payment have? Can the supplier, as the other party to the contract, simply retain the down payment or advance payment?
If Questions 1 and 2 are answered in the affirmative:
Must Article 11(1) of Regulation (EU) No 833/2014 be interpreted as meaning that, in the case of contracts for the purchase of several items, where only the delivery of particular items would be in breach of the measures imposed by the Regulation, the prohibition on reimbursement laid down therein covers only claims to reimbursement in respect of the purchase price for those particular items or reimbursement claims in respect of the purchase price for all the items purchased?
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Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1).
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ELI: http://data.europa.eu/eli/C/2025/3872/oj
ISSN 1977-091X (electronic edition)
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