Advocate General Tanchev (the Bulgarian AG in the EU Court of Justice) has given his opinion in the National Iranian Tanker Company’s (NITC) re-listing appeal, Case C-600/16 P (see previous blog here on the General Court judgment under appeal). Link to Opinion here, which does not bind the Court of Justice; the Court will give judgment in the next few months. Maya Lester QC (inter alia) acts for the NITC.
The NITC had argued that its right to an effective remedy (and other principles of EU law) was breached because it had been re-listed on the EU’s Iran sanctions having had its original listing annulled, without there being any change of fact; the only change was that the EU Council had said NITC should be re-listed because the form of support it was said to be providing to the Iranian Government as a tanker company was “logistical” rather than (as before) “financial”.
The Opinion contains an interesting analysis of the right to an effective remedy under the EU Charter and ECHR. The AG’s view is that that principle curtails the EU’s discretion to adopt measures that re-list after an error identified in an EU judgment, and that damages wouldn’t provide a remedy in those circumstances because there wouldn’t be a sufficiently serious breach of EU law. However, in his view, NITC’s right to an effective remedy had not been breached on the facts because logistical support was different from providing financial support to the Government of Iran, so the Council was not re-litigating the same point. He also said that there was no evidence that the Council had held back arguments at the time of first listing for use in re-listing (so-called “warehousing”) – this raises interesting issues about the circumstances in which there could be such evidence available to the applicant and the consequences.