Attached is the text of the judgement. The judgement clarifies important procedural points of access to Courts and further strengthens the proposition that such access shall be guaranteed to the blocked persons in accordance with the Charter of Fundamental Rights of the European Union (the “Charter”). We considered in our earlier video how sanctions do and do not restrict the access to Courts of the blocked persons in various jurisdictions.
First, the Court opined that the derogation to have blocked funds unfrozen in connection “payment of reasonable professional fees or reimbursement of incurred expenses associated with provision of legal services” shall be interpreted broadly as including all of the expenses incurred to permit a blocked person to obtain legal representation. As a result the judgement makes clear that, for example, costs of experts and other ancillary services involved in connection with legal representation shall be covered by the relevant derogation.
Second, the ECJ stated that “basic needs” derogation to have the funds de-blocked shall cover any Court fees and charges which are necessary to “ensure respect of the fundamental rights [of the blocked persons], including rights to an effective remedy and fair trial, protected by Article 47 of the Charter.”
Finally, the ECJ reminded the NCAs that when treating the requests for derogation, the NCAs are bound to respect the Charter and, accordingly, if a derogation is sought on above basis, it “precludes the competent authority from refusing to authorise the release of funds […]”.