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EN
C series
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(C/2025/3916)
Language of the case: English
Applicant: Alisher Usmanov (Tashkent, Uzbekistan) (represented by: D. Rovetta, M. Campa, M. Moretto, V. Villante, M. Pirovano, T. Marembert and A. Bass, lawyers)
Defendant: Council of the European Union
The applicant claims that the Court should:
—annul Council Decision (CFSP) 2025/528 of 14 March 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; (1) and
—annul Council Implementing Regulation (EU) 2025/527 of 14 March 2025 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; (2)
—order the Council to bear the costs of the proceedings.
If and insofar as they were to be considered applicable to the applicant’s legal situation in the present case, the applicant asks the Court to also annul or, as a subordinate to such direct annulment request, to declare inapplicable to the applicant, the following acts:
—Council Decision (CFSP) 2025/904 of 13 May 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; (3)
—Council Regulation (EU) 2025/903 of 13 May 2025 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. (4)
In support of the action, the applicant relies on six pleas in law.
1.First plea in law, alleging a breach of the principle of sincere cooperation under Article 4(3) TEU - lack of probative value of the evidence provided by the Council.
2.Second plea in law, alleging a breach of the duty of periodic review - infringement of essential procedural requirements – misuse of power by the Council.
3.Third plea in law, alleging an error of assessment, as well as illegality of criterion (g) under Article 2(1) of Decision 2014/145/CFSP (5) and Article 3(1) of Regulation 269/2014. (6)
4.Fourth plea in law, alleging a violation of the principles of equal treatment and non-discrimination.
5.Fifth plea in law, alleging a violation of the fundamental right to freedom of expression.
6.Sixth plea in law, alleging unlawfulness of the May 2025 acts, alternatively, considering that these acts are inapplicable to the applicant under Article 277 TFEU.
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(1) Council Decision (CFSP) 2025/528 of 14 March 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L, 2025/528).
(2) Council Implementing Regulation (EU) 2025/527 of 14 March 2025 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 L, 2025/527).
(3) Council Decision (CFSP) 2025/904 of 13 May 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L, 2025/904).
(4) Council Regulation (EU) 2025/903 of 13 May 2025 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L, 2025/903).
(5) Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p.16).
(6) Council Regulation (EU) No 269/2014 of 17 March 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).
ELI: http://data.europa.eu/eli/C/2025/3916/oj
ISSN 1977-091X (electronic edition)
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