Attached is the text of the judgement. The judgement is noteworthy as an attempt to challenge the listing criterion by a blocked person. It sets out the standard of JR which the Courts apply to such a challenge. In essence, when the challenge is made to the criteria itself, the Courts undertake only a limited review acknowledging the wide discretion of the Council to set the designation criteria. The judgement is also an authority that in the commonly used formula “legal persons, entities or bodies”, the designation of a company as an “entity” means that the designation criteria shall be assessed vis-a-vis the entire group of which such company is a part and not such company individually. The Court rules that in sanctions law “entity” is broader in scope than a legal person and a parent company and its subsidiary can form a single entity.
ABOUT US
SANCTIONS 360°