European Court of Justice Tosses Appeal of Challenge to Listing Under DRC Sanctions Regime

The EU Court of Justice in a May 12 opinion dismissed Evariste Boshab's challenge of the General Court's decision to uphold his placement on the EU's Democratic Republic of the Congo sanctions list, according to an unofficial translation. Boshab had argued at the General Court and then at the ECJ that the European Council infringed on his right to be heard during the proceeding that saw his continued listing. The EU's high court said a formal hearing wasn't needed to guarantee an individual's right to be heard.

The court also ruled it did not have jurisdiction to reassess the facts and whether the defense's rights were infringed in regard to the European Council's lack of communication to Boshab over a 2018 letter from Human Rights Watch. A breach of the defendant's right to be heard doesn't result in the annulment of the sanctions decision if the decision would have been the same had the breach not taken place, the court said. It also said the General Court properly verified the relevance of the council's consideration of Boshab's links to the DRC government at the time.