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Document 62021TA0243

    Case T-243/21: Judgment of the General Court of 21 December 2022 — Pshonka v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of the persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection)

    OJ C 71, 27.2.2023, p. 20–21 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    27.2.2023   

    EN

    Official Journal of the European Union

    C 71/20


    Judgment of the General Court of 21 December 2022 — Pshonka v Council

    (Case T-243/21) (1)

    (Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of the persons, entities and bodies covered by the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection)

    (2023/C 71/25)

    Language of the case: Czech

    Parties

    Applicant: Viktor Pavlovych Pshonka (Kiev, Ukraine) (represented by: M. Mleziva, lawyer)

    Defendant: Council of the European Union (represented by: M. Vobořil, R. Pekař and S. Van Overmeire, Agents)

    Re:

    By his action based on Article 263 TFEU, the applicant seeks annulment of Council Decision (CFSP) 2021/394 of 4 March 2021 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2021 L 77, p. 29) and of Council Implementing Regulation (EU) 2021/391 of 4 March 2021 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2021 L 77, p. 2), in so far as those acts maintain his name on the list of persons, entities and bodies subject to those restrictive measures.

    Operative part of the judgment

    The Court:

    1.

    Annuls Council Decision (CFSP) 2021/394 of 4 March 2021 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2021/391 of 4 March 2021 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as the name of Mr Viktor Pavlovych Pshonka was maintained on the list of persons, entities and bodies subject to those restrictive measures;

    2.

    Orders the Council of the European Union to pay the costs.


    (1)  OJ C 263, 5.7.2021.


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