OJSC Rosneft Oil Company,R (On the Application Of) v Her Majesty's Treasury & Ors

OJSC Rosneft Oil Company,R (On the Application Of) v Her Majesty's Treasury & Ors

The High Court determined that the questions raised are arguable and require a preliminary ruling from the CJEU to resolve issues of validity and interpretation of the relevant EU restrictive measures, as well as to ensure uniformity and legal certainty across Member States. The High Court stayed proceedings and referred the questions to the CJEU.

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 / Preliminary Reference to the Court of Justice of the European Union (cjeu)
Outcome
Reference to the Court of Justice of the European Union; proceedings stayed
Legal Topics
EU Restrictive Measures, Interpretation of EU Regulations, Legal Certainty, Jurisdiction of CJEU, Criminal Penalties for Sanctions Violations, Implementation of EU Law in UK, Rights Under Partnership and Cooperation Agreement, Proportionality of Sanctions
European Union Law Sanctions Law Administrative Law Criminal Law EU Restrictive Measures Interpretation of EU Regulations Legal Certainty Jurisdiction of CJEU +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 / Preliminary Reference to the Court of Justice of the European Union (cjeu)

Legal Issues

  1. 1 Whether the CJEU has jurisdiction to rule on the validity of certain EU restrictive measures under Article 267 TFEU
  2. 2 Whether the relevant EU Regulations and Decisions are invalid for breach of the Partnership and Cooperation Agreement, lack of reasons, breach of equal treatment, misuse of powers, disproportionality, or breach of fundamental rights
  3. 3 Whether the terms 'shale' and 'waters deeper than 150 metres' are so unclear as to violate legal certainty and the principle of legality of criminal offences

Ratio Decidendi

The High Court determined that the questions raised are arguable and require a preliminary ruling from the CJEU to resolve issues of validity and interpretation of the relevant EU restrictive measures, as well as to ensure uniformity and legal certainty across Member States. The High Court stayed proceedings and referred the questions to the CJEU.

Court Disposition

Reference to the Court of Justice of the European Union; proceedings stayed

Orders

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