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EM System CJEU Judgment: 50% Shareholding Creates Rebuttable Presumption of Control for Asset Freezing

The Court of Justice of the European Union issued judgment in Case C-84/24, EM System, confirming that a 50% shareholding held by a listed individual creates a rebuttable presumption of control justifying asset freezing under EU restrictive measures. The case arose when two Lithuanian banks froze accounts held by EM System UAB, a Lithuanian company in which a Belarusian national subject to EU sanctions held a 50% stake. The Court emphasized that the presumption must remain rebuttable and that affected companies must have access to effective judicial protection before national authorities.

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