In Bank M.I v T. Deutschland GmBH , the Regional Court in Hamburg granted an interim injunction on the basis of the EU Blocking Regulation, requiring a telecoms company to provide telephone and internet access to the claimant “Bank M.I.” that had been targeted by US Iran sanctions. Case: 319 O 265/18 (28 November 2018).
In another judgment, 318 O 330/18 (15 October 2018), the same Court rejected a request from the claimant, an international logistics company, for an injunction under the Blocking Regulation to order the defendant, a savings bank, to maintain the claimant’s savings account. According to the bank’s terms and agreements, ordinary termination of an account requires a valid reason. The Court held that the valid reason “lies in the secondary sanctions of the competent US authority”, the defendant had shown that its correspondent banks, which are necessary for its functions, may refuse to cooperate with it to avoid secondary sanctions.
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 >