THE LOCUS STANDI OF THIRD STATES TO FILE AN ANNULMENT APPEAL AGAINST RESTRICTIVE MEASURES OF THE EU: CASE C-872/19 P, VENEZUELA/COUNCIL

The judgment of the Court of Justice of June 22, Venezuela/Council, opens a new dimension in relation to the scope of the admissibility criteria of art. 263 TFEU, fourth paragraph. For the first time, the Court has considered that Venezuela, a third State, should be considered a "legal person" and therefore is entitled - if the other admissibility requirements are met - to file an appeal for annulment against restrictive measures directed against it. According to the Court, this interpretation is in accordance with the principle of effective judicial protection and respect for the rule of law. In addition, the interest of this matter also lies in the arguments regarding the scope of principles of public international law such as reciprocity and sovereign immunity. Finally, the ruling of the Court of Justice also allows for the possibility of a paradigm shift in the choice and adoption of restrictive measures by the EU.