Summary

This request for a preliminary ruling concerns the interpretation of Article 2(2) of Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ 2014 L 365, p. 60), as amended by Council Implementing Regulation (EU) 2021/397 of 5 March 2021 (OJ 2021 L 77 I, p. 1) ('Regulation No 1352/2014').

The request has been made in proceedings between DNO Yemen AS ('DNO'), on the one hand, and Petrolin Trading Limited ('Petrolin'), Moe Oil & Gas Yemen Limited ('Moe'), the Ministry of Oil and Minerals (of the Republic of Yemen) ('the Ministry of Oil and Minerals'), Yemen Oil & Gas Corporation/The Yemen Company ('YOGC') and Dove Energy Limited ('Dove'), on the other, concerning the validity of an arbitration award ordering DNO, Petrolin and Moe to pay damages to the Ministry of Oil and Minerals and to YOGC.

Reference for a preliminary ruling - Common foreign and security policy - Regulation (EU) No 1352/2014 - Restrictive measures in view of the situation in Yemen - Article 2(2) - Prohibition on making funds indirectly available to persons, entities or bodies targeted by those measures - Making funds available to public entities which are not targeted - Influence of the persons who are targeted competing with that of the legitimate government which is not targeted - Presumption of control - None - No cooperation by the legitimate government with the persons who are targeted - Relevance - Reasonable risk that the persons who are targeted will benefit from all or part of the funds