Time Limit for Sanctions Actions Against the EU Council

Private individuals and companies designated on an EU sanctions list may bring an action (lawsuit) before the General Court of the European Union (EU). However, they must carefully observe the applicable time limits (deadlines) for initiating such proceedings.

Widespread Sanctions Measures

The EU has adopted sanctions against a significant number of private individuals and companies. An unprecedented package of restrictive measures has been imposed on persons linked to Russia. In addition, numerous other sanctions regimes target persons from countries such as Iran, Belarus, and Syria, as well as individuals associated with certain groups, including Hamas, ISIL (Da'esh), and Al-Qaida, or certain activities, including the development of chemical weapons.

Requirement for Specific and Verifiable Grounds

The EU Council may include an individual or entity in a sanctions list only if the legal criteria of the relevant regulation are met. It is not sufficient for the underlying facts to be based on mere assumptions or unsubstantiated allegations. The Council must provide adequate and verifiable evidence. If it fails to do so, there is a strong likelihood that the listing will be annulled by the Court.

Example: Listing grounds pursuant to Article 3(1) of Regulation (EU) No 269/2014

(a) natural persons responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine;

(b) legal persons, entities or bodies supporting, materially or financially, actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine;

(c) legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law, or legal persons, entities or bodies which have benefited from such a transfer;

(d) natural or legal persons, entities or bodies supporting, materially or financially, or benefiting from Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Ukraine;

(e) natural or legal persons, entities or bodies conducting transactions with the separatist groups in the Donbas region of Ukraine;

(f) natural or legal persons, entities or bodies supporting, materially or financially, or benefitting from the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine;

(g) leading businesspersons operating in Russia and their immediate family members, or other natural persons, benefitting from them, or businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine;

(h) natural or legal persons, entities or bodies: (i) facilitating infringements of the prohibition against circumvention of the provisions of this Regulation, or of Council Regulations (EU) No 692/2014, (EU) No 833/2014 or (EU) 2022/263 or of Council Decisions 2014/145/CFSP, 2014/386/CFSP, 2014/512/CFSP or (CFSP) 2022/266; or (ii) otherwise significantly frustrating those provisions;

(i) legal persons, entities or bodies operating in the Russian IT-sector with a license administered by the Federal Security Service of the Russian Federation (FSB) Center for Licensing, Certification, and Protection of State Secrets or a ‘weapons and military equipment’ license administered by the Russian Ministry of Industry and Trade; or

(j) entities established in Russia, previously owned or controlled by entities established in the Union, ownership or control of which has been compulsorily transferred by the Government of the Russian Federation through laws, regulations, other legislative instruments or other action of a Russian public authority, or natural or legal persons, entities or bodies that have benefitted from such a transfer, and natural persons who have been appointed to the governing bodies of such entities in Russia without the consent of the Union entities which previously owned or controlled them;

(k) natural or legal persons, entities or bodies that own, control, manage or operate vessels that transport crude oil or petroleum products, originating in Russia or exported from Russia, while practicing irregular and high-risk shipping practices as set out in the International Maritime Organisation General Assembly resolution A.1192(33), or that otherwise provide material, technical or financial support to the operations of such vessels;

(l) natural or legal persons, entities or bodies forming part of, supporting, materially or financially, or benefitting from Russia’s military and industrial complex, including by being involved in the development, production or supply of military technology and equipment; or

(m) natural or legal persons, entities or bodies that have participated in or enabled transfers of ownership, control or economic benefit of the business interests of leading businesspersons who are subject to Union restrictive measures pursuant to the criterion set out in point (g) of this paragraph and listed in Annex I to this Regulation, thereby significantly frustrating those measures, with the exception of transfers expressly permitted pursuant to derogations and exemptions laid down in this Regulation or Regulation (EU) No 833/2014,

and natural or legal persons, entities or bodies associated with them.

Time Limits for Legal Action

The EU Council of the European Union designates individuals and companies by adopting a Regulation that amends the relevant annex of the applicable sanctions regime.

The standard time limit (deadline) for initiating proceedings (lawsuit) at the General Court is two months. This period is extended by a ten-day time allowance to account for the geographical distance from the seat of the Court (the so-called "distance time limit"). Since the listing regulation is published in the Official Journal of the European Union, the time limit begins to run 14 days after the date of publication.

As a general rule of thumb, the deadline for bringing an action is 14 days (publication delay) + 2 months (action period) + 10 days (distance allowance). Accordingly, the following deadlines apply to listings (non-exhaustive list).

Listing Regulation	Amended Regulation	Publication in the Official Journal	Time Limit for Bringing an Action
Implementing Regulation (EU) 2025/389	Regulation (EU) No 269/2014 [Russia]	24 February 2025	20 May 2025
Implementing Regulation (EU) 2025/776	Regulation (EU) No 359/2011 [Iran]	14 April 2025	8 July 2025
Implementing Regulation (EU) 2025/886	Regulation (EU) 2019/796 [Cyber attacks]	13 May 2025	6 August 2025
Implementing Regulation (EU) 2025/959	Regulation (EU) 2018/1542 [Chemical weapons]	20 May 2025	14 August 2025
Regulation (EU) 2025/932	Regulation (EU) No 833/2014 [Russia]	20 May 2025	14 August 2025

When a Time Limit Has Been Missed

Missing the initial time limit does not necessarily mean that a sanctioned person or company is without legal recourse. It is still possible to request an independent review of the listing by submitting a de-listing request to the Council of the European Union at any time, supported by relevant evidence and documentation.

If the Council refuses to de-list, it will issue a formal decision rejecting the request. This decision may in turn be challenged before the General Court. In such cases, the time limit for bringing an action is two months plus ten days, but without the additional 14-day publication delay, as the decision is notified directly to the applicant.

However, it is generally advisable to initiate legal action within the initial time limit starting from the publication in the Official Journal, as waiting for a formal Council decision on a de-listing request may take approximately 3 to 4 months — potentially losing valuable time.

Legal Assistance in De-listing Procedures

Kronsteyn has successfully assisted with several delisting proceedings to date. For any enquiries, please contact German Attorney-at-Law Hendrik Müller-Lankow.