The Court of Justice of the European Union (“CJEU) has published its 2023 annual report, which states that out of 1,841 pending cases as of 31 December 2023, 116 relate to restrictive measures (sanctions).
The CJEU further state that litigation concerning restrictive measures has remained among the court’s main activities. However, the number of cases brought in 2023 has reduced to 63, in comparison to 103 that were brought in 2022; 41 of those cases relate to EU’s sanctions against Russia.
The CJEU noted that in numerous pending sanctions cases, the applicants “modified their applications on the basis of Article 86 of the Rules of Procedure in order to challenge the renewal or amendment of the measures concerning them, instead of bringing new actions contesting those decisions”. While Article 86 allows the Court to examine several acts in the context of the same case, it also makes litigation more difficult to manage, as an application could be modified when the hearing is in process. Such a disadvantage can results in the General Court contemplating to amend its Rules of Procedure and allow any modification of the application only within a short period of time once the General Court’s decision to open the oral part of the procedure has been served.
How Gherson can help
Gherson has extensive experience in advising on the UK and EU sanctions regimes from a number of different perspectives. Our experts have helped sanctioned clients in respect of compliance with the sanctions regulations, challenging sanctions designations and sanctions-related disputes against government authorities and/or other commercial parties.
Please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2024