The EU General Court and the Court of Justice of the European Union guarantee an appropriate and very high quality level of judicial protection in the area of Common Foreign and Security Policy (CFSP) financial sanctions. However, the Council of the European Union often relies on the time-consuming process to obtain a final ruling of EU Courts in order not to discontinue assets freezing sanctions against a given individual or company. The length of time to get an EU Court ruling and the formalistic implementation of it by the Council often works against the individuals and entities being caught by financial sanctions. The present paper suggests a means to apply a more creative approach and to use in CFSP litigation what in boxing is described as a "Sunday Punch." Listed entities must act quickly, very proactively, and on a multi-jurisdiction level to get the most out of the fight against the listing.
Global Trade and Customs Journal