Jurisprudential clarifications on the application of article 5.2 of the European blocking statute. About the Judgment of the EU General Court of 12 July 2023

Abstract

In the light of the judgment of the General Court of 12 July 2023, and also taking into account the judgment of the Court of Justice of 21 December 2021, this paper analyzes some of the issues raised by the application of Article 5(2) of the European blocking statute. In this way, questions such as the temporal scope of the Decisions granting the authorizations provided for in the aforementio-ned provision, the weighing of the interests involved, some fundamental elements when granting such authorizations, the possible rights of the third parties concerned, etc., are addressed. The work highlights the limitations and shortcomings that arise in the application of the precept.