CJEU: Trust Structures Do Not Shield Assets from Sanctions
On 21 May 2026, the Court of Justice of the European Union delivered two important rulings (Cases C-483/23, C-428/24 and C-476/24) that may significantly affect the application of EU sanctions law. The Court confirmed that the use of trust structures does not, in itself, prevent assets from being frozen where a sanctioned person retains the ability to exercise control over those assets or derive an economic benefit from them. The Cases and the Applicants’ Arguments The cases concerned assets held through trust structures: The first case: It concerned four Italian companies whose ultimate owner was a Bermuda company held in an irrevocable trust. The settlor of the trust was included on the EU sanctions list, although he had formally been removed from the class of beneficiaries shortly beforehand. The other two cases: The disputes concerned the assets of an Italian company and a superyacht worth approximately EUR 530 million, which were also held in trusts. The trust deeds contained specific provisions prohibiting the trustee from making any payments to a person subject to sanctions. The applicants argued that, under these circumstances, the sanctioned person...