EU Court Interprets 'Frozen Funds' in Iran Sanctions Regulations

The European Court of Justice ruled that the freezing of funds and economic resources prevents the implementation of measures that establish a right to be paid on a priority basis in favor of a certain creditor in relation to others, because those measures alter the destination of the frozen funds, potentially allowing their use. The decision came in response to a preliminary ruling from the French Court of Cassation on questions arising from the case Bank Sepah v. Overseas Financial Ltd. and Oaktree Finance Ltd. The case dealt with creditors' ability to enforce action against assets frozen under the EU's Iran sanctions regime, the EU Sanctions blog reported Nov. 15. The French court asked the ECJ whether EU sanctions prevent a "non-earmarking" judicial lien from being imposed over frozen assets without a license and whether it is relevant that the debt is unrelated to the Iranian ballistic missile program and came about before the bank's United Nations sanctions designation. On the latter question, the ECJ said that "the fact that the grounds for the claim for recovery from the person whose funds are frozen are unrelated to the Iranian ballistic missile programme is not relevant to that question," EU Sanctions said.