Judgment_paragraph 50 · Instrubel NV v Montana Management Inc. and BNP Paribas Securities Services and Montana Management Inc. v Heerema Zwijndrecht BV and BNP Paribas Securities Services (C-753/21)

50As regards, more specifically, the concept of ‘freezing’, as defined in Article 1(4) and (5) of that regulation, and the question whether the freezing per se is capable of entailing a change in the ownership of frozen assets, the Court has already held that the freezing measure is a preventive measure which is not supposed to deprive the persons affected by the measure of their property (see, to that effect, judgment of 3 September 2008, Kadi and Al Barakaat International Foundation v Council and Commission, C‑402/05 P and C‑415/05 P, EU:C:2008:461, paragraph 358), which is by nature temporary and reversible (see, to that effect, judgment of 5 March 2015, Ezz and Others v Council, C‑220/14 P, EU:C:2015:147, paragraph 113).