An important opinion was issued by the Advocate General Norkus in the context of the ECJ preliminary ruling proceedings. It clarifies matters with respect to the conduct of proceedings in the National Courts of the EU Member States, where a blocked person is a party.
Overall, the opinion is an authority for: (i) an unrestricted access to the National Courts by the blocked persons; (ii) powers of the National Courts to consider the substance of the disputes involving the blocked persons (subject to the suspension of enforcement for the period when a blocked person remains subject to the relevant sanctions); (iii) an availability of authorisations to make payments under judgements into blocked accounts; and (iv) most controversially, to the extent national procedural rule allow so, the suspension of proceedings where a blocked person is a party as being consistent with EU law.
Finally, the Opinion sets out that the National Courts have (although limited) responsibility to conduct an independent investigation as to the applicability of the EU sanctions to civil disputes, even if such an argument is not raised by any party to the proceedings.
We addressed the issues regarding the effect of sanctions as to the access to Courts in our earlier video. It will be important to see to which extent the Opinion will be accepted by the ECJ in its ruling on the matter which will be of high importance for setting a balance between the restrictions arising under sanctions and the protection of the human rights of blocked persons to have access to the Courts.