23.1.2023   

EN

Official Journal of the European Union

C 24/67

Action brought on 25 November 2022 — Pumpyanskiy v Council

(Case T-734/22)

(2023/C 24/93)

Language of the case: French

Parties

Applicant: Alexander Dmitrievich Pumpyanskiy (Geneva, Switzerland) (represented by: T. Bontinck, A. Guillerme and L. Burguin, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—

annul Council Decision (CFSP) 2022/1530 of 14 September 2022, (1) in so far as it maintains the applicant’s name as entry No 719 in the annex to that decision;

—

annul Council Implementing Regulation (EU) 2022/1529 of 14 September 2022, (2) in so far as it maintains the applicant’s name as entry No 719 in Annex I to that regulation;

—

order the Council to make a provisional payment amounting to EUR 100 000 in compensation of the non-material damage suffered by the applicant, and

—

order the Council to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.

First plea in law, alleging infringement of the right to effective judicial protection and of the duty to state reasons.

2.

Second plea in law, alleging a manifest error of assessment regarding the reasons advanced by the Council.

3.

Third plea in law, alleging infringement of the principle of proportionality and of fundamental rights.

4.

Fourth plea in law, alleging infringement of the principles of legal certainty and of equal treatment.

5.

Fifth plea in law, alleging infringement of the right to be heard.

(1)  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).

(2)  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).