This document is an excerpt from the EUR-Lex website
Document 62016CJ0598
Judgment of the Court (Eighth Chamber) of 19 October 2017.
Viktor Fedorovych Yanukovych v Council of the European Union.
Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name.
Case C-598/16 P.
Judgment of the Court (Eighth Chamber) of 19 October 2017.
Viktor Fedorovych Yanukovych v Council of the European Union.
Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name.
Case C-598/16 P.
Judgment of the Court (Eighth Chamber) of 19 October 2017 —
Yanukovych v Council
(Case C‑598/16 P) ( 1 )
(Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name)
1. |
Appeal—Grounds—Incorrect assessment of the facts and evidence—Inadmissibility—Review by the Court of the assessment of the facts and evidence—Possible only where the clear sense of the evidence has been distorted—Plea alleging distortion of the facts—Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see para. 46) |
2. |
European Union—Judicial review of the legality of the acts of the institutions—Restrictive measures taken having regard to the situation in Ukraine—Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them—Ambit of the review—Assessment of whether the investigations relating to the person affected by the decision to freeze funds are well founded—Not included—Assessment, on the basis of the documents on which the decision is based, of whether the decision to freeze funds is well founded—Included (Council Decisions 2015/143/CFSP and 2015/364/CFSP; Council Regulations No 2015/138 and 2015/357) (see para. 72) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Mr Viktor Fedorovych Yanukovych to bear his own costs and to pay those incurred by the Council of the European Union; |
3. |
Orders the European Commission to bear its own costs. |
( 1 ) OJ C 30, 30.1.2017.