Judgment of the General Court of 25 October 2023 — QF v Council

(Case T-386/22) (1)

(Common foreign and security policy - Restrictive measures adopted in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds and economic resources - Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned - Concept of ‘association’ - Error of assessment)

(C/2023/1301)

Language of the case: French

Parties

Applicant: QF (represented by: T. Marembert and A. Bass, lawyers)

Defendant: Council of the European Union (represented by: D. Laurent, S. Van Overmeire and A. Boggio-Tomasaz, acting as Agents)

Re:

By her application under Article 263 TFEU, the applicant seeks annulment of Council Decision (CFSP) 2022/582 of 8 April 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 110, p. 55) and Council Implementing Regulation (EU) 2022/581 of 8 April 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 110, p. 3) in so far as her name was included on the list of persons and entities in the Annex to Council Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 16) and Annex I to Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 6).

Operative part of the judgment

The Court:

Annuls Council Decision (CFSP) 2022/582 of 8 April 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and Council Implementing Regulation (EU) 2022/581 of 8 April 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, in so far as they concern QF;

2.	Orders the Council of the European Union to bear its own costs and to pay those incurred by QF.

(1) OJ C 318, 22.8.2022.