The exclusion of the CJEU’s jurisdiction as far as concerns the CFSP has been tempered by the recent ruling in Bank Refah Kargaram v. Council of 6 October 2020. In this judgment, the Court affirmed its competence to adjudicate on actions for damages in respect of restrictive measures set out in CFSP decisions, thereby going beyond the wording of art. 275 TFEU. In the Court’s reasoning, actions for damages contribute to the effectiveness of the judicial protection of the rights of persons affected by restrictive measures, within a complete and coherent system of legal remedies. Therefore, actions for damages related to restrictive measures set out in CFSP decisions must be considered as falling within the jurisdiction of the Court, in order to avoid lacunae in the EU judicial system in CFSP area. This article aims to analyse the Court’s reasoning, also in the light of its recent case-law, and to assess whether the ruling has broader implications for the CFSP in general.
|Translated title of the contribution||[Autom. eng. transl.] Damage resulting from restrictive measures in the CFSP and liability actions against the EU|
|Number of pages||10|
|Publication status||Published - 2020|
- action for damages
- misure restrittive
- travel ban