The ECJ and the rise of adjudicatory jurisdiction: Venezuela v. Council

Summary:

This annotation analyses the Court of Justice of the European Union's (CJEU) progression from endorsing the extraterritorial reach of certain instruments of the European Union (EU) to asserting jurisdiction over cases brought by third countries on the basis of the extraterritorial effects generated by EU instruments. It does so by reference to the Court’s review of the EU’s legislative jurisdiction in Air Transport Association of America, which is then contrasted with its analysis of the ECJ’s adjudicative jurisdiction in Venezuela. Finally, it considers the implications of third country standing outside the field of sanctions and draws a parallel with adequacy decisions in the field of data protection law.