New Cases by the EU General Court Striking Down Iran Sanctions ListingsPosted: July 7, 2014
I just wanted to draw attention to several cases recently decided by the EU General Court in which EU sanctions against designated individuals and businesses allegedly connected to Iran’s nuclear program have been annulled. These are just the latest in a growing line of cases in both the EU General Court and the European Court of Justice reaching similar decisions regarding EU sanctions targeting Iran’s nuclear program, which are essentially attempts to implement UN Security Council sanctions against Iran. I’ve written about this issue before on a couple of occasions. The EU Sanctions Blog has a great run down of the three recent cases here, here and here. I’m particularly pleased to note that the Sharif University of Technology was represented in its case by my friend Matthew Happold. See the text of the court’s judgment in this case here. Congratulations to Matt and to the University.
In terms of the legal merits of these cases, they really are just a continuation of the same bases on which earlier cases in this line have been decided. Basically the EU courts are requiring the EU and state governments to provide evidence on which the sanctions are based, and the governments involved are refusing to do so. Thus, as a basic matter of due process, the court has decided that the sanctions cannot stand on a lack of proffered evidence. A very sound holding in my view.
Hopefully, of course, the current round of P5+1 negotiations with Iran will produce a comprehensive agreement before the July 20 deadline, and this will lead to these EU sanctions being repealed, as part of a normalization of relations between Iran and the West. I think it is reasonable to expect that both the UN Security Council and the EU will be willing and able to withdraw the sanctions they have imposed against Iran over the past ten years, pursuant to such a comprehensive diplomatic agreement (as long as the US administration chooses to at least not veto such a decision by the UNSC). I have just about zero confidence, however, that the US government will be able to implement meaningful sanctions relief promised under such a comprehensive agreement. As I’ve said before, I think the biggest impediment to implementing a comprehensive agreement between Iran and the West over Iran’s nuclear program is the US Congress.