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March 26, 20260 citations

Peculiarities of obtaining interim measures in cases on challenging sanctions

VMV. N. Melnikov

Key Points

  • This paper investigates the processes and criteria for obtaining interim measures in sanction challenges.
  • Examining judicial practices through case studies.
  • Analyzing legal provisions under Article 156 of the Code of Procedure.
  • Reviewing ongoing cases at the Court of Justice of the European Union.
  • Previous attempts to obtain interim measures were largely unsuccessful.
  • Current criteria for granting interim measures are identified based on judicial trends.
  • Recommendations for future cases are proposed to improve success rates.

Abstract

More and more individuals and legal entities become subject to economic sanctions nowadays. There are legal mechanisms available to the person concerned and allowing to challenge the imposition of sanctions, for example, in the case of their erroneous motivation or on procedural grounds. The Court of Justice of the European Union is considering several dozen lawsuits by Russian individuals to lift sanctions. Such processes are also underway in other jurisdictional bodies. It is also possible to temporarily suspend the sanctions for the period of consideration of the application for their cancellation (interim measures) in order to avoid unjustified harm to the sanctioned person. The possibility of obtaining interim measures is expressly provided for in Article 156 of the Code of Procedure of the Court of Justice of the European Union. However, until recently, all attempts to obtain such interim measures ended in failure. In this article, using the examples of judicial practice, the criteria used in making a decision on the suspension of personal sanctions by means of interim measures are examined, and a number of recommendations are developed.

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Cite This Study

V. N. Melnikov (2024) studied this question.

synapsesocial.com/papers/69c4ccbbfdc3bde448918382https://doi.org/10.64457/ru-science-2024-i04-a05
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1The Development of Interim Measures Procedure in Cases Against Poland Before CJEU2024
  2. 2PECULIARITIES OF THE APPLICATION OF TEMPORARY PROTECTIVE MEASURES IN CIVIL AND ADMINISTRATIVE PROCEEDINGS2025 · 1 citations
  3. 3Novel Approaches to Interim Protection Against Systemic Threats to the Rule of Law2024
  4. 4Lessons from Russia’s full-scale invasion of Ukraine for sanctions-related litigation2025
  5. 5Recovery of sanctioned assets into the state’s revenue: international experience and practice of the European court of human rights2025