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Annul the listing of the marine vessel MT Kupava (IMO 9749154) at point 169 in Annex XLII to Council Regulation (EU) [2025/932] of 20 May 2025 amending Regulation (EU) No 833/2014; (1)

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Treat the application as particularly urgent;

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Order the defendant to pay the costs of the proceedings.

1.

First plea in law

The MT Kupava (IMO 9749154) was listed without any valid justification. In particular, no facts were put forward that could justify a listing pursuant to Article 3s of Regulation (EU) No 833/2014. (2) This is contrary to the settled case-law of the Court of Justice of the European Union.

2.

Second plea in law

The first listing criterion under Article 3s (transport [of] crude oil or petroleum products) has been neither established nor proved. There is nothing in the file that would support the finding that the MT Kupava transports crude oil or petroleum products.

3.

Third plea in law

The second criterion under Article 3s (practising irregular and high-risk shipping practices) also does not apply. There is no insurance with a P&I Club that is a member of the International Group of P&I Clubs. The defendant’s findings in that regard do not reflect International Maritime Organisation General Assembly resolution A.1192(33), which merely requires that the vessel maintain adequate liability insurance, but not that this must be with the International Group. The vessel has valid proof of insurance with the renowned Russian insurance company Ingosstrakh.