Alexander Zalivako

2021.06.22 – ECJ judgement in case C‑872/19 P – Venezuela vs Council

Attached is the judgement. The judgement is authority that: (i) a state shall be treated as a “legal person” for the purpose of issuing JR proceedings against sanctions act; (ii) “legal person” concept shall be given autonomous and broad interpretation in EU sanctions law when determining the scope of persons admissible to issue JR proceedings; (iii) the analysis whether the measure has legal effect (part 1 of direct concern test) shall not be mechanical, but shall consider purpose, content, scope, substance and the legal and factual context of the contested act (para 66); (iv) reference to “any natural or legal person, entity or body in, or for use in, Venezuela”, a standard language used to restrict trade in certain goods, includes Venezuelan government and public bodies (para 69); (v) the fact that Venezuela can purchase restricted goods in third-party jurisdictions is irrelevant to for admissibility; (vi) concept of legal interest in annulment proceedings is bringing an advantage to an applicant; (vii) the ability of Member States to grant derogations / authorisations from a prohibition does not mean that the regulatory act is subject to implementing measures (para 90).

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