No prohibited legal advice: ECJ confirms admissibility of notarisation despite sanctions against Russia

The notarisation of a real estate sale by a legal entity based in Russia does not constitute prohibited legal advice within the meaning of the EU sanctions against Russia.

Background: Russia sanctions and legal uncertainty In the wake of the EU sanctions against Russia, in particular under Regulation (EU) No. 833/2014, the provision of legal advice to Russian companies, among other things, was prohibited. This has led to considerable legal uncertainty, especially for notaries who are confronted with cases involving Russian parties.

The key question was: May a notary continue to act if a company based in Russia is party to a real estate transaction?

ECJ ruling: Notarial activity is not prohibited advice The ECJ has now ruled:

notarising a property purchase is not prohibited legal advice if it is carried out as part of the notary’s official duties. In concrete terms, this means that notaries do not commit a criminal offence if they notarise such a transaction.

The notarisation is part of the official activity and is therefore not subject to the prohibition on the provision of legal services under EU sanctions regulations.

Practical significance for notarial practice This decision makes things considerably easier in practice – especially in countries like Germany where notarisation is mandatory for property sales.

This decision gives notaries clear guidance and allows them to continue to carry out their work without fear of sanctions.

Conclusion: Legal certainty for notaries acting in a sovereign capacity. The ECJ ruling strengthens the position of notaries within the EU and creates much-needed legal certainty in dealing with international clients – especially in politically sensitive times.

Source: Deutsche Notar-Zeitschrift March 2025, P. 229