EU Law and Practice Contributed by: Edward Borovikov, Laurens Engelen, Aurore Ancion and Semen Medvedkov, Dentons
besides that authentication, any legal advice intended to promote the specific interests of the parties. In joined cases T 635/22, T 644/22 and T 494/22 (Sep - tember 2024), the General Court upheld the Council’s restrictions on legal advisory services, finding them proportionate and compatible with the fundamental rights of both EU lawyers and sanctioned entities. Additional challenges by Bar associations were simi - larly rejected (see T 797/22, T 798/22, T 828/22). The General Court did however specify in these cases that the provision of legal advice in the context of pre- litigation procedures is permitted. Circumvention EU sanctions are binding within the EU’s jurisdiction. The EU refrains from adopting sanctions having extra - territorial application, however, and prohibits “circum - vention” of existing sanctions regimes. Circumvention has been generally defined as “activities in respect of which it appears, on the basis of objective fac - tors, that, under cover of a formal appearance which enables them to avoid the constituent elements of an infringement of [...], none the less they have, as such or by reason of their possible link to other activities, the aim or result, direct or indirect, of frustrating the prohibition” (judgment of the CJEU, 21 December 2011, C-72/11, Afrasiabi, EU:C:2011:874, paragraphs 60 and 62). In the 14th sanctions package targeting Russia, the EU’s wording of the prohibition on circumvention contained in Article 12 of Council Regulation (EU) No 833/2014 has been expanded, with the following added in italics: “It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent prohibitions in this Regulation, includ - ing by participating in such activities without deliber - ately seeking that object or effect but being aware that the participation may have that object or effect and accepting that possibility”. Arguably, this update should make EU persons addi - tionally cautious.
Relatedly, new Article 8a of Council Regulation (EU) No 833/2014 requires EU persons (both individuals and legal entities) to use their best efforts to ensure that third-country entities that they own or control do not “undermine” EU sectoral sanctions against Rus - sia. 3.2 Future Developments The EU response to the war in Ukraine will likely domi - nate its sanctions agenda in the coming year. Further tightening of existing sanctions and new packages targeting the Russian economy, individuals and enti - ties are anticipated. These measures are expected to include additional actions aimed at the energy sector, such as targeting shadow fleet vessels and gradually phasing out gas imports from Russia. The Council of the EU and the European Commis - sion will continue prioritising sanction enforcement and focusing on anti-circumvention policies. This could involve tightening current loopholes, such as introducing personal sanctions against individuals and companies from third countries that facilitate the circumvention of sanctions against Russia, strength - ening enforcement mechanisms at the level of the EU member states and co-operating with international allies. Global developments or internal political shifts within the EU could lead to unforeseen sanctions targets or changes in the regimes. Individuals or legal entities subject to EU sanctions have the right to contest their designation. The initial step normally involves submitting a request for de- listing to the Council of the EU and/or the European External Action Service (EEAS). This request should be accompanied by supporting evidence that challenges the reasons for designation. The Council reviews the submission and makes a determination on whether to uphold or revoke the designation. Another recourse that might be explored in parallel to the application to the Council is to bring the matter 4. Delisting Challenges 4.1 Process
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