The “Sanctions” formation of the EU Council’s Foreign Relations Counsellors Working Party has released an updated version of the paper on EU Best Practices for the effective implementation of restrictive measures.  The updated paper supersedes the version published in 2008.

The paper contains non-exhaustive recommendations for the effective implementation of restrictive measures in accordance with EU law and national legislation.  This blog piece examines the following additions which relate to challenges to sanctions:

  1. Challenges to sanctions in the Court of Justice of the European Union
    The updated paper contains a new section on the ability of listed persons and entities to institute actions for annulment of the restrictive measures against them in the General Court of the European Union, reflecting the increased importance and number of such actions in recent years (see here for example).
  2. Time for effect of Court-ordered annulment of EU restrictive measures
    The paper also clarifies that a court-ordered annulment of EU acts imposing restrictive measures does not take effect immediately after the General Court’s judgment unless explicitly stated in the judgment.  The acts remain in force until the expiry of the period for bringing an appeal to the European Court of Justice (two months and ten days from notification of the judgment).  During that period, the relevant EU institution can, if appropriate, adopt new restrictive measures to remedy the infringements found by the court.  If the EU institution brings an appeal, the listing remains in full force pending the result.  If the EU institution takes neither of those steps, then the annulment comes into effect once the time for bringing an appeal has expired.
  3. UN Delisting procedures
    The paper then makes reference to the procedures for de-listing by the UN: (a) the focal point for delisting; and (b) the UN Ombudsperson procedure which has been introduced since the publication of the 2008 version of the paper following the ECJ’s judgment in the Kadi I case in which Carter-Ruck acted for the successful appellant, Sheikh Yassin Kadi  (see here and here for examples of the UN Ombudsperson procedure in practice).  The paper specifically states that if a person is de-listed from the UN sanctions list, then relevant amendments are made to the corresponding legal acts of the EU.

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