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Case T-294/23: Order of the General Court of 3 July 2024 – Suek v Council (Action for annulment – 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 and economic resources – List of persons, entities and bodies subject to the freezing of funds and economic resources – Reference to the applicant’s name in the grounds for including another person’s name on the list – No act adversely affecting the applicant – Inadmissibility)

ECLI:EU:UNKNOWN:62023TB0294

62023TB0294

July 3, 2024
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Official Journal of the European Union

C series

C/2024/4969

19.8.2024

(Case T-294/23)

(Action for annulment - 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 and economic resources - List of persons, entities and bodies subject to the freezing of funds and economic resources - Reference to the applicant’s name in the grounds for including another person’s name on the list - No act adversely affecting the applicant - Inadmissibility)

(C/2024/4969)

Language of the case: English

Parties

Applicant: Siberian Coal Energy Company AO (Suek) (Moscow, Russia) (represented by: N. Tuominen and M. Krestiyanova, lawyers)

Defendant: Council of the European Union (represented by: A. Antoniadis and A. Boggio-Tomasaz, acting as Agents, and by E. Raoult, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of (i) 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 75I, 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 75I, p. 1); (ii) Council Decision (CFSP) 2023/811 of 13 April 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 101, p. 67) and Council Implementing Regulation (EU) 2023/806 of 13 April 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 101, p. 1), in so far as those acts mention the applicant’s name in the grounds thereof; and (iii) all decisions and all implementing regulations of the Council of the European Union subsequent to the March 2023 acts and the April 2023 acts in so far as they concern the applicant.

Operative part of the order

1.The action is dismissed.

2.There is no longer any need to adjudicate on the application for leave to intervene made by Mr Andrey Melnichenko and Mrs Aleksandra Melnichenko.

3.Siberian Coal Energy Company AO (Suek) shall bear its own costs and pay those incurred by the Council of the European Union.

4.Mr and Mrs Melnichenko shall bear their own costs.

Language of the case: English

ELI: http://data.europa.eu/eli/C/2024/4969/oj

ISSN 1977-091X (electronic edition)

* * *

(<span class="oj-super">1</span>) Language of the case: English.

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