On 9 February 2015, the Divisional Court in the UK referred questions to the European Court of Justice for a preliminary ruling in the course of Rosneft’s judicial review proceedings challenging UK legislation that gives effect to EU sanctions against Russia (see previous blog on an earlier stage of Rosneft’s case). A link to the judgment is here.
The legislation at issue is the Export Control (Russia, Crimea and Sevastopol Sanctions) (Amendment) Order 2014, which came into force on 29 November 2014. The questions referred concern the interpretation and validity of Council Decision 2014/512/CFSP and Council Regulation (EU) 833/2014, which that order is intended to enforce in the UK.
The Divisional Court (Beatson LJ and Green J) said it was making a reference to the ECJ because it was necessary in order to resolve the judicial review, and in the interests of clarity and uniformity of interpretation. The Court recognised it was unusual to do so while Rosneft has an application for annulment pending in the General Court, but in this case it was necessary as:
The Court referred the following questions to the Court of Justice:
Maya Lester QC is a senior barrister (Queen’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. The legal directories say she is the...See profile for Maya Lester QC >