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ARTICLE · 11 JANUARY 2022

EU Top Court Issues First-Ever Judgment On The EU Blocking Statute Against US Sanctions

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On December 21, 2021, the Court of Justice adopted its judgment in Case C-124/20, Bank Melli Iran, and, for the first time since its adoption in November 1996, interpreted the so-called "Blocking Statute," ...

European UnionInternational Law
Paulette Vander Schueren
Paulette Vander Schueren
Nikolay Mizulin
Nikolay Mizulin
Edouard Gergondet
Edouard Gergondet
Dylan Geraets
Dylan Geraets
Tony Martin-Brieu
Tony Martin-Brieu
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On December 21, 2021, the Court of Justice adopted its judgment in Case C-124/20, Bank Melli Iran,1 and, for the first time since its adoption in November 1996, interpreted the so-called "Blocking Statute," which seeks to protect operators in the European Union ("EU") against the effects of the extra-territorial application of certain sanctions adopted by the United States of America ("US").2

The Blocking Statute was adopted in response to the extra-territorial application of US sanctions against Cuba, Iran and Libya, notably under the Helms-Burton and D'Amato acts, which the EU considered contrary to international law. In particular, Article 5 of the Blocking Statute prohibits EU operators from complying with any requirement or prohibition resulting from certain laws, as listed in an annex ("Extra-Territorial Laws"), or from actions based thereon or resulting therefrom, unless they are authorized to do so by the European Commission ("Commission").3

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