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declare unlawful the listing criterion laid down in Articles 1(1)(e) and 2(1)(g) of Decision 2014/145/CFSP and in Article 3(1)(g) of Regulation (EU) No 269/2014, in so far as it refers to ‘leading businesspersons operating in Russia and their immediate family members, or other natural persons, benefitting from them, or businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine’, and, in consequence:

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order the annulment of Council Decision (CFSP) 2023/1767 of 13 September 2023, in so far as it extends the application of the restrictive measures adopted against the applicant by Council Decision (CFSP) 2022/429 of 15 March 2022 and Council Implementing Regulation (EU) 2022/427 of 15 March 2022;

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order the annulment of Implementing Regulation (EU) 2023/1765 of 13 September 2023, in so far as it extends the application of the restrictive measures adopted against the applicant by Council Decision (CFSP) 2022/429 of 15 March 2022 and Implementing Regulation (EU) 2022/427 of 15 March 2022;

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order the Council to pay EUR 1 000 000 on a provisional basis in respect of the non-material damage suffered by the applicant;

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order the Council to pay the costs.

1.

First plea, raising a plea of illegality in respect of new criterion (g) as amended by Decision (CFSP) 2023/1094 and Regulation (EU) 2023/1089.

2.

Second plea, alleging a failure to observe the applicant’s fundamental rights.

3.

Third plea, alleging a manifest error of assessment.

4.

Fourth plea, alleging a failure to observe the obligation to state reasons and the right to judicial protection.

5.

Fifth plea, alleging a failure to observe the principle of proportionality.

6.

Sixth plea, alleging a failure to observe the right to be heard.