Action brought on 3 May 2019 — Azarov v Council

(Case T-286/19)

(2019/C 213/74)

Language of the case: German

Parties

Applicant: Mykola Yanovych Azarov (Kiev, Ukraine) (represented by: G. Lansky and A. Egger, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—

annul, pursuant to Article 263 TFEU, Council Decision (CFSP) 2019/354 of 4 March 2019 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2019 L 64, p. 7) and Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2019 L 64, p. 1), in so far as they relate to the applicant;

—

order specific measures of organisation pursuant to Article 64 of the Rules of Procedure of the General Court, in particular: a) invite the Council to submit documents on the examination of the observance of the rights of the defence and of the right to effective legal protection and on the examination of the validity of the allegations; and b) invite the EEAS to submit documents on the examination of the observance of the rights of the defence and of the right to effective legal protection;

—	order the Council to pay the costs of the proceedings pursuant to Article 87(2) of the Rules of Procedure of the General Court.

Pleas in law and main arguments

In support of the action, the applicant claims that the challenged legal acts are vitiated by a manifest error of assessment.

First, the applicant complains of infringement of the defendant’s formal examination obligations, in particular with regard to independent examination, examination of jurisdiction and observance of the rights of the defence and of the right to effective judicial protection. In this regard, he claims that the defendant has not complied with its obligations set out in the judgment of the General Court of 19 December 2018, Azarov v Council (C-530/17 P, EU:C:2018:1031).

Further, the applicant relies on an infringement of the defendant’s duty to state reasons, as it failed to examine the validity of the allegations made against the applicant.