“It is considerably easier and faster to start, and potentially win, a judicial review in the High Court against a UK sanctions decision than it is to successfully prosecute a direct action in the General Court of the CJEU [Court of Justice of the European Union] in Luxembourg,” said Philip Moser QC.
“There is therefore a big difference between being the UK government trying to sanction people in a way that will stick and being the EU Commission which can sanction on a slimmer factual basis relatively insulated from effective challenge.”
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