This document is an excerpt from the EUR-Lex website
Document 62014TJ0434
Judgment of the General Court (Ninth Chamber) of 28 January 2016.
Sergej Arbuzov v Council of the European Union.
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified.
Case T-434/14.
Judgment of the General Court (Ninth Chamber) of 28 January 2016.
Sergej Arbuzov v Council of the European Union.
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified.
Case T-434/14.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Ninth Chamber) of 28 January 2016 —
Arbuzov v Council
(Case T‑434/14)
‛Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified’
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Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Restrictive measures taken having regard to the situation in Ukraine — Decision reviewing the list of persons, groups or entities concerned and supplementing the list without repealing the earlier decision — Action brought by a person mentioned in the decision carrying out the said review but not in the earlier decision — Admissibility (Art. 263, fourth and sixth paras, TFEU; Council Decision 2014/119/CFSP, as amended by Decision 2014/216/CFSP) (see paras 23-25) |
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European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Ambit of the review — Proof the measure well-founded — Obligation on the competent EU authority to establish, in the event of challenge, that the grounds held against the persons or entities concerned well-founded (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/119/CFSP, as amended by Decision 2014/216/CFSP) (see paras 31, 33-45) |
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Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Decision to freeze funds — Restriction of the right to property — Conditions — No restriction laid down by law — Infringement of the right to property (Charter of Fundamental Rights of the European Union, Art. 52(1); Council Decision 2014/119/CFSP, as amended by Decision 2014/216/CFSP) (see paras 32, 42, 45, 46) |
Re:
APPLICATION for annulment of Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26) and of Council Implementing Decision 2014/216/CFSP of 14 April 2014 implementing Decision 2014/119 (OJ 2014 L 111, p. 91), in so far as the applicant’s name was included on the list of persons, entities and bodies covered by those restrictive measures.
Operative part
The Court:
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Annuls Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, as amended by Council Implementing Decision 2014/216/CFSP of 14 April 2014 implementing Decision 2014/119 in so far as it applies to Mr Sergej Arbuzov; |
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Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Arbuzov. |