Klyuyev’s 2017 EU re-listing annulled

CJEU1.pngThe EU General Court has annulled the 2017 listing of Sergiy Klyuyev on its Ukraine misappropriation sanctions. He is a member of the Ukrainian Parliament and brother of the former head of the Presidential Administration of Ukraine, Andriy Klyuyev. Judgment here: Sergiy Klyuyev v Council T-731/15 (21 February 2018). The Court declined to annul his 2015 – 2016 re-listings, although he won an earlier case annulling his original listing (see previous blog).

His 2017 re-listing was annulled because the Council had provided no evidence to support the designation of Andriy Klyuyev, with whom the applicant was identified as being ‘associated’, and had not taken into account the applicant’s evidence (including that he was no longer the subject of pre-trial investigation in Ukraine). The Council should have made further enquiries of the Ukrainian authorities, since the evidence gave rise to doubts about the reliability of the Council’s information. The judgment contains interesting comments about the purpose and interpretation of the EU’s Ukraine sanctions regime.

This entry was posted in European Court Cases, Ukraine 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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