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Case T-536/21: Judgment of the General Court of 15 February 2023 — Belaeronavigatsia v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Belarus — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion and maintenance of the applicant’s name on the lists — Concept of ‘person responsible for repression’ — Error of assessment — Proportionality)
ECLI:EU:UNKNOWN:62021TA0536
62021TA0536
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11.4.2023
Official Journal of the European Union
C 127/33
(Case T-536/21) (<span class="oj-super oj-note-tag">1</span>)
(Common foreign and security policy - Restrictive measures taken in view of the situation in Belarus - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion and maintenance of the applicant’s name on the lists - Concept of ‘person responsible for repression’ - Error of assessment - Proportionality)
(2023/C 127/40)
Language of the case: French
Parties
Applicant: Belaeronavigatsia (Minsk, Belarus) (represented by: M. Michalauskas, lawyer)
Defendant: Council of the European Union (represented by: R. Meyer and S. Van Overmeire, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: C. Giolito and M. Carpus Carcea, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Council Decision (CFSP) 2021/1001 of 21 June 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ 2021 L 219 I, p. 67), of Council Implementing Regulation (EU) 2021/999 of 21 June 2021 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2021 L 219 I, p. 55), of Council Decision (CFSP) 2022/307 of 24 February 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ 2022 L 46, p. 97), and of Council Implementing Regulation (EU) 2022/300 of 24 February 2022 implementing Article 8a of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2022 L 46, p. 3), in so far as those acts concern the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Belaeronavigatsia to bear its own costs and to pay those incurred by the Council of the European Union;
3.Orders the European Commission to bear its own costs.
(<span class="oj-super">1</span>) OJ C 422, 18.10.2021.
ECLI:EU:C:2023:140