Op-Ed: “Non-contractual liability and actions for damages regarding restrictive measures through CFSP Decisions: Jurisdiction of the CJEU confirmed” by Graham Butler

Introduction

On Tuesday 6 October 2020, the Court of Justice of the European Union (the CJEU) in Grand Chamber formation delivered its judgment in Bank Refah Kargaran v Council (Case C-134/19 P). The case marks another landmark in the sphere of judicial protection guaranteed under EU law. At issue was a question of EU constitutional law – the jurisdiction of the CJEU to rule on the non-contractual liability of the Union and actions for damages relating to Common Foreign and Security Policy (CFSP) Decisions based on Article 29 TEU, entailing restrictive measures, otherwise popularly known as sanctions.

The case, noted on EU Law Live on the date of its delivery, covered the thrust and essence of what the CJEU found, on appeal