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Case T-244/22: Judgment of the General Court of 26 July 2023 — Pšonka v Council (Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
ECLI:EU:UNKNOWN:62022TA0244
62022TA0244
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25.9.2023
Official Journal of the European Union
C 338/20
(Case T-244/22) (<span class="oj-super oj-note-tag">1</span>)
(Common foreign and security policy - Restrictive measures taken having regard to the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
(2023/C 338/26)
Language of the case: Czech
Parties
Applicant: Viktor Pavlovyč Pšonka (Kiev, Ukraine) (represented by: M. Mleziva, lawyer)
Defendant: Council of the European Union (represented by: R. Pekař and A. Boggio-Tomasaz, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks annulment of Council Decision (CFSP) 2022/376 of 3 March 2022, amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2022 L 70, p. 7), and Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, (OJ 2022 L 70, p. 1), in so far as those measures maintain his name on the list of persons, entities and bodies subject to those restrictive measures.
Operative part of the judgment
The Court:
1.Annuls Council Decision (CFSP) 2022/376 of 3 March 2022, amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as the name of Viktor Pavlovyč Pšonka was maintained on the list of persons, entities and bodies subject to those restrictive measures;
2.Orders the Council of the European Union to pay the costs.
(<span class="oj-super">1</span>) OJ C 244, 27.6.2022.