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Document 62014TJ0734
Judgment of the General Court (Sixth Chamber) of 13 September 2018.
VTB Bank PAO, formerly VTB Bank OAO v Council of the European Union.
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity.
Case T-734/14.
Judgment of the General Court (Sixth Chamber) of 13 September 2018.
VTB Bank PAO, formerly VTB Bank OAO v Council of the European Union.
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity.
Case T-734/14.
Judgment of the General Court (Sixth Chamber) of 13 September 2018 –
VTB Bank v Council
(Case T‑734/14)
(Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity)
1. |
Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Restrictive measures taken having regard to the situation in Ukraine — Acts prohibiting all EU operators from certain types of financial transactions with entities with credit institutions established in Russia included in the lists of entities covered by restrictive measures — Action brought by a credit institution included in those lists — Admissibility (Art. 263, 4th para. TFEU; Council Decision 2014/512/CFSP, Art. 1(1)(a), and Annex I; Council Regulation No 833/2014, Art. 5(1)(a) and Annex III) (see paras 51-54, 56) |
2. |
Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures taken having regard to the situation in Ukraine — Restrictions on access to the EU capital market — Obligation to identify in the statement of reasons the specific and concrete elements justifying the said measure — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken against him — Whether summary statement of reasons sufficient (Art. 296, 2nd para. TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision 2014/512/CFSP; Council Regulation No 833/2014) (see paras 70, 71, 75, 77, 78, 80-82, 84) |
3. |
European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Ambit of the review (Art. 275, 2nd para. TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/512/CFSP; Council Regulation No 833/2014) (see para. 90) |
4. |
EU law — Interpretation — Texts in several languages — Differences between the various language versions — Account to be taken of the overall scheme and purpose of the legislation in question (see para. 95) |
5. |
Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Criteria for adopting restrictive measures — Major credit institution or other institution having an explicit mandate to promote competitiveness of the Russian economy, its diversification and encouragement of investment — Meaning — Cumulative nature of classification as a major credit institution and the existence of such a mandate — None (Art. 215 TFEU; Council Decision 2014/512/CFSP, Art. 1(1)(a); Council Regulation No 833/2014, Art. 5(1)(a)) (see paras 96-98) |
6. |
EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures taken having regard to the situation in Ukraine — Restrictions on access to the EU capital market — Obligation to disclose inculpatory evidence — Scope — Unlawfulness of the act depending on proving the procedural relevance of the infringement of that obligation [Art. 275, 2nd para. TFEU; Charter of Fundamental Rights of the European Union, Arts 41(2)(a) and 47; Council Decision 2014/512/CFSP; Council Regulation No 833/2014) (see paras 105-108, 111, 113, 116, 117, 120) |
7. |
Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Restrictions on access to the EU capital market — Rights of defence — Notification of inculpatory evidence — Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures — No new grounds — Infringement of the right to be heard — None (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2014/512/CFSP, Art. 1(1)(a) and Annex I; Council Regulation No 833/2014, Art. 5(1)(a) and Annex III) (see paras 122, 123) |
8. |
EU law — Principles — Rights of defence — Restrictive measures taken having regard to the situation in Ukraine — Restrictions on access to the EU capital market — Right of access to documents — Rights subject to an application in that behalf before the Council — Duty to act within a reasonable time (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2014/512/CFSP; Council Regulation No 833/2014) (see paras 124, 126) |
9. |
Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Restrictions on access to the EU capital market — Restriction on the right to property and the freedom to conduct a business and damage to reputation — No breach of the principle of proportionality (Charter of Fundamental Rights of the European Union, Arts 16, 17 and 52(1); Council Decision 2014/512/CFSP; Council Regulation No 833/2014) (see paras 137, 138, 140, 141, 144, 145, 148-155) |
10. |
Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Restrictions on access to the EU capital market — Judicial review of legality — Appropriateness of the restrictive measures — Restrictive measures pursuing a legitimate aim of the common foreign and security policy (Art. 21 TEU; Council Decision 2014/512/CFSP; Council Regulation No 833/2014) (see para. 143) |
Re:
Application under Article 263 TFEU seeking annulment, first, of Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 13), as amended by Council Decision 2014/659/CFSP of 8 September 2014 (OJ 2014 L 271, p. 54), and, secondly, of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1), as amended by Council Regulation (EU) No 960/2014 of 8 September 2014 (OJ 2014 L 271, p. 3), in so far as those acts concern the applicant.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders VTB Bank PAO to bear its own costs and to pay those incurred by the Council of the European Union; |
3. |
Orders the European Commission to bear its own costs. |