Removal from EU Sanctions List (De-listing)  

Being placed on an EU sanctions list may have severe consequences for individuals and entities, including asset freezes, restrictions on financial transactions, or travel restrictions. However, affected parties have legal remedies available to challenge their inclusion and seek removal from the list. It is one of Kronsteyn’s core businesses to provide expert legal assistance to individuals and entities seeking de-listing. The German law firm guides its clients through both administrative and judicial procedures on a German, European and international level to ensure best possible outcomes.

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Choosing the Right Legal Strategy

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It is essential to distinguish between sanctions imposed by different authorities, such as the EU, the United States, Switzerland, and the United Nations (UN). The appropriate legal strategy depends on which sanctions regime applies. For example, challenging EU sanctions before EU institutions would be ineffective if they are based on UN measures, as EU Member States are legally obligated to implement UN sanctions.

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In addition to, or instead of, seeking de-listing from a sanctions list, the individual legal strategy may involve applying to the competent authority for one of several exemption rules. For instance, if funds or economic resources have been frozen within German jurisdiction, the competent authority for such an application would be the Deutsche Bundesbank (German Federal Bank).

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Request for Reconsideration to the Council

 

In many cases it makes sense to seek removal from the EU sanctions list by submitting a formal request for reconsideration to the Council. This administrative procedure allows the sanctioned party to present arguments and evidence demonstrating that their listing is unjustified or no longer necessary.

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Such request might be of success if the actual Council decision is based on any errors or outdated information, does not take into account changes in individual circumstances, or if the decision is unjustified on other legal grounds. The Council may either grant the request and remove the individual or entity from the EU sanctions list, or reject the application.

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Kronsteyn law firm provides comprehensive support in preparing and submitting a persuasive application for de-listing, gathering and presenting strong evidence to challenge the sanctions, and engaging in strategic communication with the Council and relevant authorities.

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Judicial Review Before the General Court of the EU

 

With or without a prior de-listing application at the Council, the affected individual or entity can challenge the Council’s listing decision before the General Court of the European Union (EGC). This process provides an independent judicial examination of the legality of the listing decision.

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The judicial process includes written proceedings, where the applicant and the Council exchange written submissions outlining their arguments, an oral hearing, if deemed necessary by the court, where both parties present their cases before the judges, and the final judgment, where the court issues a ruling, either upholding the listing or annulling it.

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Kronsteyn offers full legal representation in challenging EU sanctions before the EGC, including drafting and filing a well-substantiated action for annulment, presenting legal arguments based on procedural errors, lack of evidence, or fundamental rights violations, and representing clients during hearings and negotiations with EU institutions.

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Successful De-listing Cases

 

There have been several instances where the General Court of the European Union (EGC) has annulled sanction listings. A notable example is the EGC’s decision of April 10, 2024, which lifted sanctions against Mikhail Fridman and Pyotr Aven (judgment of 10/04/2024 – T-301/22 and T-304/22). The Court found that the EU Council had not provided sufficient evidence to justify their inclusion on the sanctions list. Another example is the annulment of sanctions against former Formula 1 driver Nikita Mazepin by the EGC (judgment of 20/03/2024 – T-743/22). The Court ruled that his familial relationship with his father, a businessman allegedly linked to President Vladimir Putin, was not sufficient to justify the sanctions. There are many more precedent cases. These decisions illustrate that the EGC is willing to overturn sanctions when the evidence supporting the listing is inadequate.

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Conclusion

 

The de-listing process from the EU sanctions list requires a strong legal strategy and expert representation. Kronsteyn has extensive experience in navigating EU, UN, Suisse, and U.S. sanctions law and providing tailored legal solutions. Whether through administrative reconsideration or judicial review, the German law firm works tirelessly to protect its clients’ rights and interests. If you or your business have been placed on the EU sanctions list, contact Dr. Hendrik Müller-Lankow for professional legal assistance in securing your de-listing.