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).