Further to an earlier post relating to convictions of an individual and company obtained in October 2024 for supplying aircraft parts to Russian customers in breach of the EU’s sanctions, the Rotterdam Court has now ruled in the confiscation proceedings brought by the prosecution.
In the confiscation judgement against the (unnamed) company, the court ordered the confiscation of €165,826.
The court held that the revenue obtained from the sanctions breaches was €2,901,194, but allowed as “deductible costs” 82% of this amount, or €2,385,739. This is in line with the Dutch approach of allowing the convicted parties to break even on the unlawful transactions by confiscating not the illegally-obtained revenue (which the CJEU has held is a permissible approach), but rather the pure profit element.
The profit element was accordingly assessed as €515,455 which was divided between the convicted person and the convicted company.
In the second confiscation judgment against the individual, the same analysis was undertaken with the balance of €349,629 from the profits attributed to the individual. The judgment states that a further 599 days of jail time would be added to the existing sentence in the event that the confiscation order is not satisfied.