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Document 62024CN0162
Case C-162/24 P: Appeal brought on 29 February 2024 by Vadim Nikolaevich Moshkovich against the judgment of the General Court (First Chamber) delivered on 20 December 2023 in Case T-283/22, Moshkovich v Council
Case C-162/24 P: Appeal brought on 29 February 2024 by Vadim Nikolaevich Moshkovich against the judgment of the General Court (First Chamber) delivered on 20 December 2023 in Case T-283/22, Moshkovich v Council
Case C-162/24 P: Appeal brought on 29 February 2024 by Vadim Nikolaevich Moshkovich against the judgment of the General Court (First Chamber) delivered on 20 December 2023 in Case T-283/22, Moshkovich v Council
OJ C, C/2024/2739, 29.4.2024, ELI: http://data.europa.eu/eli/C/2024/2739/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/2024/2739 |
29.4.2024 |
Appeal brought on 29 February 2024 by Vadim Nikolaevich Moshkovich against the judgment of the General Court (First Chamber) delivered on 20 December 2023 in Case T-283/22, Moshkovich v Council
(Case C-162/24 P)
(C/2024/2739)
Language of the case: English
Parties
Appellant: Vadim Nikolaevich Moshkovich (represented by: D. Rovetta, avocat, M. Campa, M. Moretto, V. Villante, avvocati)
Other party to the proceedings: Council of the European Union
Form of order sought
The appellant claims that the Court should:
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set aside the judgment under appeal; |
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annul :
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as a subordinate to the above, set aside the judgment under appeal and refer the case back to the General Court; |
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order the Council of the European Union to bear the Appellant’s costs both concerning the first instance and present appeal proceedings. |
Pleas in law and main arguments
In the current appeal, the Appellant relies on the six main grounds of appeal:
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The General Court has failed to fulfil its obligation to provide effective judicial protection under articles 41 and 47 of the EU charter of fundamental rights – breach of article 275 TFEU – Infringement of the principle of proportionality and article 52 of the EU charter of fundamental rights. |
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Misinterpretation of listing criterion (g) as requesting that it is economic sectors and not businesspersons that must provide a substantial source of revenue – As a subordinate, plea of illegality and inapplicability of listing criterion (g) under article 277 TFEU. |
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The General Court has exceeded the scope of its review – Related breach of essential procedural requirements and of the duty to state reasons under article 296 TFEU. |
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Infringement and misinterpretation of the terms “source of revenue” and “substantial” under listing criterion (g) – Distortion of facts and evidence – Breach of essential procedural requirements and the duty to state reasons under article 296 TFEU – Misapplication of listing criterion (g) to the payment of taxes. |
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Distortion of facts and evidence related to a link between the appellant’s designation and the objectives of the restrictive measures – Breach of essential procedural requirements and the duty to state reasons under article 296 TFEU. |
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Infringement and misinterpretation of general principles of EU law and, in particular, the principles of proportionality, equal treatment and non-discrimination. |
(1) Council Decision (CFSP) 2022/397 of 9 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 80, p. 31).
(2) Council Implementing Regulation (EU) 2022/396 of 9 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 80, p. 1).
(3) 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 (OJ 2022, L 239, p. 149).
(4) 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 (OJ 2022, L 239, p. 1).
(5) 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 (OJ 2023, L 75I , p. 134).
(6) 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 (OJ 2023, L 75I , p. 1).
(7) Council Decision (CFSP) 2023/811 of 13 April 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023, L 101, p. 67).
(8) Council Implementing Regulation (EU) 2023/806 of 13 April 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 (OJ 2023, L 101, p. 1).
ELI: http://data.europa.eu/eli/C/2024/2739/oj
ISSN 1977-091X (electronic edition)