EU court rejects Bredenkamp’s damages claim

The General Court of the EU has rejected an application brought by John Bredenkamp, and 3 companies owned by him, for damages arising from their listing on the EU’s sanctions against Zimbabwe.  A link to the judgment is here; Case T-66/14 Bredenkamp & Ors v Council [2016].

EU institutions are liable to pay damages for unlawful conduct where it has breached EU law in a sufficiently serious way, where actual damage was suffered, and there must have been a causal link between the conduct and the damage suffered.   The court found that Mr Bredenkamp’s inclusion on the EU’s Zimbabwe targeted sanctions list was not unlawful, therefore the applicants were not entitled to damages and were ordered to pay costs. The Court found that the evidence justified Mr Bredenkamp’s listing on the basis that he is a businessman with strong ties to the Government, who had provided financial and other support to the Mugabe regime through his companies.  And that this was a sufficiently clear statement of reasons, with a valid legal basis. Although the Council had not sent them the evidence forming the basis for their designation, the applicants had been given the bulk of the evidence justifying their listings, so this would not (according to the Court) have made any difference to the applicants’ rights of defence.

This entry was posted in European Court Cases, Zimbabwe 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.

Please Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s