OJSC Rosneft Oil Company,R (On the Application Of) v Her Majesty's Treasury & Ors [2015] EWHC 248 (Admin) (09 February 2015)

OJSC Rosneft Oil Company,R (On the Application Of) v Her Majesty's Treasury & Ors [2015] EWHC 248 (Admin) (09 February 2015)

A reference to the CJEU is necessary to resolve questions of interpretation and validity of the EU sanctions regime, to ensure uniformity across Member States, and because the High Court cannot itself rule on the validity of EU regulations. The issues raised are arguable and require definitive rulings, particularly regarding legal certainty, the meaning of 'financial assistance', and the scope of prohibitions on depository receipts.

Citation
[2015] EWHC 248 (Admin)
Parties
Claimant: OJSC Rosneft Oil Company; 1st Defendant: Her Majesty's Treasury; 2nd Defendant: Secretary of State for Business, Innovation & Skills; 3rd Defendant: Financial Conduct Authority
Jurisdiction
England and Wales
Judgment Date
09 February 2015
Procedural Posture
Judicial Review / Reference to Court of Justice of the European Union (cjeu) for Preliminary Ruling
Outcome
Reference to the Court of Justice of the European Union for a preliminary ruling; proceedings stayed pending CJEU decision.
Legal Topics
EU Restrictive Measures, Sanctions Implementation, Judicial Review of EU Acts, Legal Certainty, Interpretation of Financial Assistance, Validity of EU Regulations, Jurisdiction of CJEU, Partnership Agreement Derogations
European Union Law Sanctions Law Administrative Law Public International Law EU Restrictive Measures Sanctions Implementation Judicial Review of EU Acts Legal Certainty +4 more

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Parties

OJSC Rosneft Oil Company

Claimant

Her Majesty's Treasury

1st Defendant

Secretary of State for Business, Innovation & Skills

2nd Defendant

Financial Conduct Authority

3rd Defendant

Procedural Posture

Judicial Review / Reference to Court of Justice of the European Union (cjeu) for Preliminary Ruling

Legal Issues

  1. 1 Whether the relevant EU sanctions regulations and UK implementing measures are valid and lawful
  2. 2 Whether certain terms in the sanctions regime violate the principle of legal certainty
  3. 3 Whether 'financial assistance' includes payment processing

Ratio Decidendi

A reference to the CJEU is necessary to resolve questions of interpretation and validity of the EU sanctions regime, to ensure uniformity across Member States, and because the High Court cannot itself rule on the validity of EU regulations. The issues raised are arguable and require definitive rulings, particularly regarding legal certainty, the meaning of 'financial assistance', and the scope of prohibitions on depository receipts.

Court Disposition

Reference to the Court of Justice of the European Union for a preliminary ruling; proceedings stayed pending CJEU decision.

Orders

  • Permission to apply for judicial review granted on all grounds.
  • Questions concerning the interpretation and validity of the relevant EU acts referred to the CJEU under Article 267 TFEU.