By Maya Lester QC & Michael O’Kane

EU De-listing

The inclusion or re-listing of individuals or entities in targeted EU sanctions measures can be challenged before the Court of Justice of the European Union (General Court and, on appeal, the European Court of Justice) pursuant to Article 263 of the Treaty on the Functioning of the European Union (TFEU).

The procedure for bringing a challenge has strict time limits. A successful applicant may claim damages for the loss caused as a consequence of being wrongly sanctioned. All the EU de-listing judgments are on the Judgments section of this site.

The grounds for annulment include a lack of evidence disclosed for a listing or re-listing, a failure to follow due process in the listing procedure, vague reasons, errors in the factual assessment made against the sanctioned party and infringements of the rights of defence.

Useful resources:

See also the relevant Notice for the attention of designated people / entities published in the Official Journal. A Model Notice may be found in Annex 1 of the Sanctions Guidelines.

The authors of this site have acted in a number of EU de-listing cases, including the following:

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