CJEU Case C-872/19 P | Bolivarian Republic of Venezuela v Council of the European Union

Summary:

Information Guide concerning Case C-872/19 P from the Court of Justice of the European Union (CJEU), which relates to restrictive measures imposed by the European Union (EU) against Venezuela and the action for annulment brought by a third State.

Further information:

The Council of the European Union adopted Regulation (EU) 2017/2063 in November 2017, concerning sanctions in view of the situation in Venezuela. In February 2018, the Bolivarian Republic of Venezuela brought an action before the CJEU's General Court for annulment against the Regulation, in so far as its provisions concern it. The General Court considered that Venezuela had not demonstrated that it was directly concerned by the measures. It followed that Venezuela lacked the necessary standing to maintain its annulment action.

Venezuela appealed in November 2019 against the judgment of the General Court. An Opinion of the Advocate General was released on 20 January 2021, stating that a third State may have legal standing in an action for annulment of restrictive measures adopted by the Council against the State. From that follows that the General Court erred in law. On 22 June 2021, the Court of Justice ruled that Venezuela had standing to bring proceedings against the Regulation which introduced sanctions against it. It set aside the judgment of the General Court which had held the contrary, and referred the case back to the General Court for judgment on the merits of the action for annulment.

Commentary and Analysis

EU Law Analysis, 01/08/2021: Does A Third State Have Legal Standing To Challenge EU Restrictive Measures? The Court Of Justice Says ‘Yes’ http://eulawanalysis.blogspot.com/2021/08/does-third-state-have-legal-standing-to.html

EU Law Analysis, 16/08/2021: A Curia Mundi? The CJEU’s Judgment in Case C‑872/19 P Venezuela v Council http://eulawanalysis.blogspot.com/2021/08/a-curia-mundi-cjeus-judgment-in-case.html

UNIO EU Law Journal: Blog, 27/09/2021: Venezuela as a third country before the ECJ https://officialblogofunio.com/2021/09/27/venezuela-as-a-third-country-before-the-ecj/

European Law Blog, 12/01/2022: ‘Practice what you Preach’: EU law extends to third countries the right to an effective legal remedy https://europeanlawblog.eu/2022/01/12/practice-what-you-preach-eu-law-extends-to-third-countries-the-right-to-an-effective-legal-remedy/

International Law Blog, 25/02/2022: How Many Applicants Can Fit in Article 263? Presentation and Criticism of the CJEU’s Venezuela v. Council Judgment (Part A) https://internationallaw.blog/2022/02/25/how-many-applicants-can-fit-in-article-263-presentation-and-criticism-of-the-cjeus-venezuela-v-council-judgment/

International Law Blog, 11/03/2022: How Many Applicants Can Fit in Article 263? Presentation and Criticism of the CJEU’s Venezuela v. Council Judgment (Part B) https://internationallaw.blog/2022/03/11/how-many-applicants-can-fit-in-article-263-tfeu-presentation-and-criticism-of-the-cjeus-venezuela-v-council-judgment-part-b/

---

Official

CJEU CURIA: Case C-872/19 P | Venezuela v Council http://curia.europa.eu/juris/documents.jsf?num=C-872/19P

CJEU: Press Release No. 6/21, 20/01/2021: Advocate General’s Opinion in Case C-872/19 P Bolivarian Republic of Venezuela v Council of the European Union https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-01/cp210006en.pdf

CJEU: Press Release No 112/21, 22/06/2021: Judgment in Case C-872/19 P Venezuela v Council https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-06/cp210112en.pdf

---