This document is an excerpt from the EUR-Lex website
Document 62022TA0313
Case T-313/22: Judgment of the General Court of 20 December 2023 — Abramovich v Council of the European Union (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 — List of persons, entities and bodies subject to the freezing of funds and economic resources — Restriction on entry into the territory of the Member States — List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States — Inclusion and maintenance of the applicant’s name on the lists — Definition of ‘leading businesspersons’ — Article 2(1)(g) of Decision 2014/145/CFSP — Obligation to state reasons — Rights of the defence — Error of assessment — Proportionality — Equal treatment — Right to property — Freedom to conduct a business — Right to private life — Application of restriction on entry to a national of a Member State — Free movement of Union citizens)
Case T-313/22: Judgment of the General Court of 20 December 2023 — Abramovich v Council of the European Union (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 — List of persons, entities and bodies subject to the freezing of funds and economic resources — Restriction on entry into the territory of the Member States — List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States — Inclusion and maintenance of the applicant’s name on the lists — Definition of ‘leading businesspersons’ — Article 2(1)(g) of Decision 2014/145/CFSP — Obligation to state reasons — Rights of the defence — Error of assessment — Proportionality — Equal treatment — Right to property — Freedom to conduct a business — Right to private life — Application of restriction on entry to a national of a Member State — Free movement of Union citizens)
Case T-313/22: Judgment of the General Court of 20 December 2023 — Abramovich v Council of the European Union (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 — List of persons, entities and bodies subject to the freezing of funds and economic resources — Restriction on entry into the territory of the Member States — List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States — Inclusion and maintenance of the applicant’s name on the lists — Definition of ‘leading businesspersons’ — Article 2(1)(g) of Decision 2014/145/CFSP — Obligation to state reasons — Rights of the defence — Error of assessment — Proportionality — Equal treatment — Right to property — Freedom to conduct a business — Right to private life — Application of restriction on entry to a national of a Member State — Free movement of Union citizens)
OJ C, C/2024/1692, 4.3.2024, ELI: http://data.europa.eu/eli/C/2024/1692/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 Series C |
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C/2024/1692 |
4.3.2024 |
Judgment of the General Court of 20 December 2023 — Abramovich v Council of the European Union
(Case T-313/22) (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 - List of persons, entities and bodies subject to the freezing of funds and economic resources - Restriction on entry into the territory of the Member States - List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States - Inclusion and maintenance of the applicant’s name on the lists - Definition of ‘leading businesspersons’ - Article 2(1)(g) of Decision 2014/145/CFSP - Obligation to state reasons - Rights of the defence - Error of assessment - Proportionality - Equal treatment - Right to property - Freedom to conduct a business - Right to private life - Application of restriction on entry to a national of a Member State - Free movement of Union citizens)
(C/2024/1692)
Language of the case: French
Parties
Applicant: Roman Arkadyevich Abramovich (Nemchinovo, Russia) (represented by: T. Bontinck, A. Guillerme, S. Bonifassi, M. Brésart, L. Burguin, J. Goffin, J. Bastien, R. Lööf, lawyers, and C. Zatschler, Senior Counsel)
Defendant: Council of the European Union (represented by: M. Bishop and M.-C. Cadilhac, acting as Agents)
Intervener in support of the defendant: European Commission (represented by J.-F. Brakeland, C. Giolito, L. Puccio and M. Carpus Carcea, acting as Agents)
Re:
By his action, the applicant seeks, first, under Article 263 TFEU, annulment of (i) 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 of 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); (ii) 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), and of 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); (iii) 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), and of 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); and (iv) 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), and of 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), in so far as those acts concern the applicant and, second, under Article 268 TFEU, compensation in respect of the harm he claims to have suffered as a result of the adoption of the initial acts.
Operative part of the judgment
The Court:
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Dismisses the action; |
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2. |
Orders Mr Roman Arkadyevich Abramovich to bear his own costs and to pay those incurred by the Council of the European Union; |
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3. |
Orders the European Commission to bear its own costs. |
ELI: http://data.europa.eu/eli/C/2024/1692/oj
ISSN 1977-091X (electronic edition)