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Case T-291/22: Judgment of the General Court of 6 September 2023 — Pumpyanskiy 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 — Inclusion of the applicant's name on the lists of persons, entities and bodies concerned — Obligation to state reasons — Error of assessment — Concept of ‘association’ — Proportionality — Legal certainty)
ECLI:EU:UNKNOWN:62022TA0291
62022TA0291
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Official Journal of the European Union
Series C
C/2023/323
30.10.2023
(Case T-291/22) (*)
(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 - Inclusion of the applicant's name on the lists of persons, entities and bodies concerned - Obligation to state reasons - Error of assessment - Concept of ‘association’ - Proportionality - Legal certainty)
(C/2023/323)
Language of the case: French
Parties
Applicant: Alexander Dmitrievich Pumpyanskiy (Geneva, Switzerland) (represented by: T. Bontinck, A. Guillerme, L. Burguin and M. Brésart, lawyers)
Defendant: Council of the European Union (represented by: M.-C. Cadilhac and V. Piessevaux, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: M. Carpus Carcea and C. Giolito, acting as Agents)
Re:
By his action, the applicant seeks, first, on the basis of Article 263 TFEU, the annulment of Council Decision (CFSP) 2022/397 of 9 March 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 80, p. 31), and of Council Implementing Regulation (EU) 2022/396 of 9 March 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 80, p. 1), in so far as those measures include his name on the lists annexed to those measures and, second, on the basis of Article 268 TFEU, compensation for the non-material harm he allegedly suffered as a result of the adoption of those measures.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Alexander Dmitrievich Pumpyanskiy 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.
(*) Language of the case: French.
ELI: http://data.europa.eu/eli/C/2023/323/oj
ISSN 1977-091X (electronic edition)