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Case T-498/22: Judgment of the General Court of 26 February 2025 – Melnichenko v Council (Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to the freezing of funds and economic resources and subject to restrictions on entry into the territory of the Member States – Inclusion and maintenance of the applicant’s name on the list – Concept of association – Article 2(1), in fine, of Decision 2014/145/CFSP – Plea of illegality – Error of assessment – Fundamental rights – Proportionality)
ECLI:EU:UNKNOWN:62022TA0498
62022TA0498
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Official Journal of the European Union
C series
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C/2025/2198
(Case T-498/22)
(Common foreign and security policy - Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds - Restrictions on entry into the territory of the Member States - List of persons, entities and bodies subject to the freezing of funds and economic resources and subject to restrictions on entry into the territory of the Member States - Inclusion and maintenance of the applicant’s name on the list - Concept of ‘association’ - Article 2(1), in fine, of Decision 2014/145/CFSP - Plea of illegality - Error of assessment - Fundamental rights - Proportionality)
(C/2025/2198)
Language of the case: English
Parties
Applicant: Aleksandra Melnichenko (Saint-Moritz, Switzerland) (represented by: A. Miron, D. Müller, H. Bajer Pellet, R. Pieri, A. Beauchemin, lawyers, and C. Zatschler, Senior Counsel)
Defendant: Council of the European Union (represented by: B. Driessen and J. Rurarz, acting as Agents, and by B. Maingain and S. Remy, lawyers)
Interveners in support of the applicant: EuroChem Group AG (Zug, Switzerland), Siberian Coal Energy Company AO (SUEK) (Moscow, Russia) (represented by: N. Montag, L. Engelen and S. Bonifassi, lawyers)
Intervener in support of the defendant: Kingdom of Belgium (represented by: C. Pochet, M. Van Regemorter and L. Van den Broeck, acting as Agents)
Re:
By her action based on Article 263 TFEU, the applicant seeks annulment of the following acts, in so far as they include and maintain her name on the lists annexed thereto:
—first, Council Decision (CFSP) 2022/883 of 3 June 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 153, p. 92) and Council Implementing Regulation (EU) 2022/878 of 3 June 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 153, p. 15);
—second, 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) and 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);
—third, Council Decision (CFSP) 2023/572 of 13 March 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 75I, p. 134) and Council Implementing Regulation (EU) 2023/571 of 13 March 2023 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 2023 L 75I, p. 1), as well as Council Decision (CFSP) 2023/811 of 13 April 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 101, p. 67) and Council Implementing Regulation (EU) 2023/806 of 13 April 2023 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 2023 L 101, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ms Aleksandra Melnichenko to pay the costs;
3.Orders EuroChem Group AG, Siberian Coal Energy Company AO (SUEK) and the Kingdom of Belgium to bear their own costs.
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OJ C 368, 26.9.2022.
ELI: http://data.europa.eu/eli/C/2025/2198/oj
ISSN 1977-091X (electronic edition)
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