On 5 March 2014, the Council froze the funds and economic resources of persons identified as being responsible for the misappropriation of Ukrainian State funds.
Mr Klyuyev, former head of the Presidential Administration of Ukraine, was one of these people. The General Court has now annulled the freezing of funds for Mr Klyuyev, for the period March 2017 – March 2018, on the basis that the Council had failed to verify that the Ukrainian judicial proceedings relied upon by the Council complied with Mr Klyuyev’s right to effective judicial protection and right to have his case heard within a reasonable time.
Brian Kennelly QC and Jason Pobjoy appeared on behalf of Mr Klyuyev in the General Court.
Brian and Jason have extensive expertise in challenging and advising on EU and international asset-freezing sanctions, and are recognised as leading sanctions lawyers in the EU. They are currently representing more than 30 individuals and entities in over a dozen challenges to asset-freezing regimes before the General Court of the EU and the Court of Justice. Many of their recent cases have resulted in the de-listing of the sanctioned individuals. They also have considerable experience in advising on sanctions compliance issues.
A copy of the judgment can be found here.