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Document 62022TA0309
Cases T-309/22 and T-739/22: Judgment of the General Court of 10 July 2024 – Rashevsky v Council (Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Restriction on admission to the territory of the Member States – Lists of persons, entities and bodies subject to the freezing of funds and restrictions on admission to the territory of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Concept of leading businesspersons – Article 2(1)(a), (f) and (g) of Decision 2014/145/CFSP – Article 3(1)(a), (f) and (g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment)
Cases T-309/22 and T-739/22: Judgment of the General Court of 10 July 2024 – Rashevsky v Council (Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Restriction on admission to the territory of the Member States – Lists of persons, entities and bodies subject to the freezing of funds and restrictions on admission to the territory of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Concept of leading businesspersons – Article 2(1)(a), (f) and (g) of Decision 2014/145/CFSP – Article 3(1)(a), (f) and (g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment)
Cases T-309/22 and T-739/22: Judgment of the General Court of 10 July 2024 – Rashevsky v Council (Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Restriction on admission to the territory of the Member States – Lists of persons, entities and bodies subject to the freezing of funds and restrictions on admission to the territory of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Concept of leading businesspersons – Article 2(1)(a), (f) and (g) of Decision 2014/145/CFSP – Article 3(1)(a), (f) and (g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment)
OJ C, C/2024/5091, 26.8.2024, ELI: http://data.europa.eu/eli/C/2024/5091/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/5091 |
26.8.2024 |
Judgment of the General Court of 10 July 2024 – Rashevsky v Council
(Cases T-309/22 and T-739/22) (1)
(Common foreign and security policy - Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds - Restriction on admission to the territory of the Member States - Lists of persons, entities and bodies subject to the freezing of funds and restrictions on admission to the territory of the Member States - Inclusion and maintenance of the applicant’s name on the lists - Concept of ‘leading businesspersons’ - Article 2(1)(a), (f) and (g) of Decision 2014/145/CFSP - Article 3(1)(a), (f) and (g) of Regulation (EU) No 269/2014 - Plea of illegality - Obligation to state reasons - Error of assessment)
(C/2024/5091)
Language of the case: English
Parties
Applicant: Vladimir Rashevsky (Moscow, Russia) (represented by: G. Lansky, P. Goeth and A. Egger, lawyers)
Defendant: Council of the European Union (represented by: J. Rurarz and P. Mahnič, acting as Agents)
Re:
By his actions under Article 263 TFEU, the applicant seeks (i) in Case T-309/22, the annulment of Council Decision (CFSP) 2022/429 of 15 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 87I, p. 44) and Council Implementing Regulation (EU) 2022/427 of 15 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 87I, p. 1), in so far as those acts include his name on the lists of persons and entities set out, respectively, in the annex to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 16) and in Annex I to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 6), and (ii) in Case T-739/22, the annulment of Implementing Regulation 2022/427, Council Decision (CFSP) 2022/1530 of 14 September 2022 amending Decision 2014/145 (OJ 2022 L 239, p. 149) and Council Implementing Regulation (EU) 2022/1529 of 14 September 2022 implementing Regulation No 269/2014 (OJ 2022 L 239, p. 1), and, following the first modification of the application, the annulment of Council Decision (CFSP) 2023/572 of 13 March 2023 amending Decision 2014/145 (OJ 2023 L 75I, p. 134) and Council Implementing Regulation (EU) 2023/571 of 13 March 2023 implementing Regulation No 269/2014 (OJ 2023 L 75I, p. 1), and, following the second modification of the application, the annulment of Council Decision (CFSP) 2023/1767 of 13 September 2023 amending Decision 2014/145 (OJ 2023 L 226, p. 104) and Council Implementing Regulation (EU) 2023/1765 of 13 September 2023 implementing Regulation No 269/2014 (OJ 2023 L 226, p. 3), in so far as those acts maintain his name on the lists at issue.
Operative part of the judgment
The Court:
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Joins Cases T-309/22 and T-739/22 for the purposes of the judgment; |
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Annuls Council Decision (CFSP) 2022/1530 of 14 September 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Implementing Regulation (EU) 2022/1529 of 14 September 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Decision (CFSP) 2023/572 of 13 March 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Implementing Regulation (EU) 2023/571 of 13 March 2023 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Decision (CFSP) 2023/1767 of 13 September 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, and Council Implementing Regulation (EU) 2023/1765 of 13 September 2023 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, in so far as those acts concern Mr Vladimir Rashevsky; |
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Dismisses the action in Case T-309/22; |
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Dismisses the action in Case T-739/22 as to the remainder; |
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Orders Mr Rashevsky to pay the costs in Case T-309/22; |
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Orders the Council of the European Union to pay the costs in Case T-739/22. |
ELI: http://data.europa.eu/eli/C/2024/5091/oj
ISSN 1977-091X (electronic edition)