Order of the General Court (Ninth Chamber) of 10 June 2016 —
Pshonka v Council (Case T‑380/14)
‛Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Period allowed for commencing proceedings — Admissibility — Proof that inclusion on the list is justified — Manifestly well-founded action’
|
1. |
Actions for annulment — Time-limits — Point from which time starts to run — Measure entailing restrictive measures against a person or body — Measure published and notified to the addressees — Date of notification of the measure — Notification to the person concerned by means of a publication in the Official Journal of the European Union — Period starting to run as from the fourteenth day following that publication (Art. 263, sixth para., TFEU; Council Decision 2014/119/CFSP; Council Regulation No 208/2014; Rules of Procedure of the General Court, Art. 102(1)) (see paras 36, 40-54) |
|
2. |
EU law — Principles — Rights of defence — Right to effective judicial protection — Measures taken having regard to the situation in Ukraine — Obligation to disclose incriminating evidence — Scope (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/119/CFSP; Council Regulation No 208/2014) (see paras 37-39, 62, 72) |
|
3. |
Judicial proceedings — No obligation on the General Court to commence the oral procedure before ruling on an objection of inadmissibility (Rules of Procedure of the General Court, Art. 114) (see para. 81) |
Re:
APPLICATION for annulment of Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26) and of Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 1), in so far as they relate to the applicant.
Operative part
|
1. |
Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine are annulled in so far as they relate to Mr Artem Viktorovych Pshonka. |
|
2. |
The Council of the European Union is ordered to bear its own costs and pay those incurred by Mr Pshonka. |
|
3. |
The European Commission is ordered to bear its own costs. |