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Case T-748/22: Judgment of the General Court of 15 January 2025 – Kantor v Council (Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Retention of the of the applicant’s name on the lists – Concept of leading businesspersons – Concept of businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Article 2(1)(g) of Decision 2014/145/CFSP – Article 3(1)(g) of Regulation (EU) No 269/2014 – Right to effective judicial protection – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality – Legal certainty – Equal treatment)

ECLI:EU:UNKNOWN:62022TA0748

62022TA0748

January 15, 2025
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Valentina R., lawyer

Official Journal of the European Union

C series

C/2025/1098

24.2.2025

(Case T-748/22)

(Common foreign and security policy - Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Restrictions on entry into the territory of the Member States - List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States - Retention of the of the applicant’s name on the lists - Concept of ‘leading businesspersons’ - Concept of ‘businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’ - Article 2(1)(g) of Decision 2014/145/CFSP - Article 3(1)(g) of Regulation (EU) No 269/2014 - Right to effective judicial protection - Obligation to state reasons - Rights of the defence - Error of assessment - Proportionality - Legal certainty - Equal treatment)

(C/2025/1098)

Language of the case: French

Parties

Applicant: Viatcheslav Moshe Kantor (Herzliya, Israel) (represented by: T. Bontinck, A. Guillerme, M. Brésart and F. Patuelli, lawyers)

Defendant: Council of the European Union (represented by: V. Piessevaux and M.-C. Cadilhac, acting as Agents, and by B. Maingain, lawyer)

Re:

By his action pursuant to Article 263 TFEU, the applicant claims that the Court should:

first, annul 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 (UE) 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);

second, annul 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 75 I, 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 75 I, p. 1);

third, annul Council Decision (CFSP) 2023/1767 of 13 September 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 226, p. 104) and Council Implementing Regulation (EU) 2023/1765 of 13 September 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 226, p. 3); and,

fourth, annul Council Decision (CFSP) 2024/847 of 12 March 2024 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 2024/847) and Council Implementing Regulation (EU) 2024/849 of 12 March 2024 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 2024/849), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Mr Viatcheslav Moshe Kantor to pay the costs.

*

Language of the case: French.

ELI: http://data.europa.eu/eli/C/2025/1098/oj

ISSN 1977-091X (electronic edition)

* * *

ECLI:EU:C:2025:140

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