Abstract: In case C-741/19 Republic of Moldova v Komstroy LLC ECLI:EU:C:2021:655, the Grand Chamber of the Court of Justice of the European Union found that the acquisition of a claim arising from a contract for the supply of electricity does not constitute an “investment” within the meaning of the Energy Charter Treaty (ECT). Yet the...
Abstract: This Insight examines how the UK has shaped its sanctions policy from the start of the transition period until the first three months following the UK’s withdrawal from the EU. The objective of the Insight is to assess whether the UK has aligned with the EU restrictive measures based on art. 215 TFEU or has made political...
Abstract: In December 2020, the European Parliament and the Council adopted a new piece of legislation aimed at protecting the rule of law in the Member States of the Union – the so-called rule of law Conditionality Regulation. This contribution tracks the legislative process in the run up to the new Regulation, analyses the substance and the...
Keywords: EU policies – Common Commercial Policy – EU Trade Policy Review – Trade and Sustainable Development – external relations – Free Trade Agreements.
On 18 February 2021, the European Commission published its Trade Policy Review, entitled “An Open, Sustainable and Assertive Trade Policy”....
Abstract: In Bank Refah Kargaran (case C-134/19 P Bank Refah Kargaran v Council ECLI:EU:C:2020:793), the Court of Justice decided that it has jurisdiction to award damages for non-contractual liability incurred by the EU for harm caused by certain restrictive measures in Common foreign and security policy (CFSP) decisions. In so...
Abstract: In Bank Refah (judgment of 6 October 2020, case C-134/19 P) the Court of Justice provides important clarifications on the type of judicial remedies available in relation to CFSP decisions establishing restrictive measures. As in Rosneft, the Court seems to extend its jurisdiction beyond the so-called “claw-back” provision...
Abstract: In the Bank Refah Kargaran judgment (case C-134/19 P, judgment of 6 October 2020) the Court of Justice adds the action for damages against CFSP decisions to the list of legal remedies available to individuals targeted by EU restrictive measures. After a brief overview of the case, this Insight examines the reasoning of...
Abstract: The EU has fast reacted in adopting a so-called Next Generation EU Recovery Plan (NGEU) and a 2021-2027 Multiannual Financial Framework (MFF) with the aim of overcoming the consequences of the disruptive COVID-19 pandemic for citizens’ health and businesses across Europe. However, there have been several political discussions during the...
Keywords: Restrictive measures – Common Foreign and Security Policy – EU smart sanctions – human rights violations – EU external action.
On October 19, the European Commission and the High Representative of the EU for Foreign Affairs and Security Policy, Joseph Borrell, put forward a Joint Proposal for a...
Abstract: This Insight examines the EU’s reaction to the breaches of the territorial sovereignty of Cyprus and Greece by Turkey in the context of the crisis of the Eastern Mediterranean sea which developed between 2019 and 2020. The EU has reacted by adopting restrictive measures against two Turkish nationals responsible for drilling...
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