We previously reported that the European Court of Justice had approved a proposal from the General Court (the first instance court in Luxembourg) to enable the EU institutions to rely on undisclosed evidence in actions for annulment, in particular in sanctions cases, and that the new draft of the General Court was before the Council of the European Union for approval.

Reports today (see e.g. Wall Street Journal) suggest that these new rules of court are about to be approved by EU Member States, and were approved on 11 December 2014 by “senior officials from EU governments”.  The latest version of the new draft rules is here.

According to the Laurence Norman of the WSJ, “the changes were initially due to be agreed next Tuesday, but the U.K. has asked for more time, according to the officials, citing reservations about the proposal. “We recognize the value of this kind of procedure. But it will be important to ensure that adequate safeguards are in place for confidential information shared with the court,” a U.K. diplomat said.”

This entry was posted in Court Procedure by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

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