Official Journal of the European Union

C series

—

C/2024/6254

28.10.2024

(Case T-741/22)

(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 - Restriction on entry into the territory of the Member States - List of persons, entities and bodies subject to the freezing of funds and restrictions on entry into the territory of the Member States - Maintenance of the applicant’s name on the list - Letter informing the applicant of the maintenance of his name on the list - Act not open to challenge - Inadmissibility - Concept of ‘association’ - Article 2(1) in fine of Decision 2014/145/CFSP - Concept of ‘person benefiting from a leading businessperson’ - Article 2(1)(g) of Decision 2014/145 - Obligation to state reasons - Principle of good administration - Error of assessment - Proportionality)

(C/2024/6254)

Language of the case: English

Parties

Applicant: Pavel Ezubov (Moscow, Russia) (represented by: D. Rovetta, M. Campa and V. Villante, lawyers)

Defendant: Council of the European Union (represented by: J. Rurarz and P. Mahnič, acting as Agents, and by B. Maingain and S. Remy, lawyers)

Re:

By his action under Article 263 TFEU, the applicant seeks annulment of (i) 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), in so far as that act maintains his name on the list of persons and entities set out in the annex to 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), (ii) Council Implementing Regulation (EU) 2022/1529 of 14 September 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 239, p. 1), in so far as that act maintains his name on the list of persons and entities set out in Annex I to 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), and (iii) the Council’s letter to him of 15 September 2022 informing him of the maintenance of his name on the lists of persons and entities set out in the annex to Decision 2014/145 and in Annex I to Regulation No 269/2014. After a first modification of the application, the applicant also seeks the annulment of (i) Council Decision (CFSP) 2023/572 of 13 March 2023 amending Decision 2014/145 (OJ 2023 L 75I, p. 134), in so far as that act maintains his name on the list of persons and entities set out in the annex to Decision 2014/145, (ii) Council Implementing Regulation (EU) 2023/571 of 13 March 2023 implementing Regulation No 269/2014 (OJ 2023 L 75I, p. 1), in so far as that act maintains his name on the list of persons and entities set out in Annex I to Regulation No 269/2014, and (iii) the Council’s letter to him of 14 March 2023 informing him of the maintenance of his name on the lists at issue. After a second modification of the application, the applicant also seeks the annulment of (i) Council Decision (CFSP) 2023/1767 of 13 September 2023 amending Decision 2014/145 (OJ 2023 L 226, p. 104), in so far as that act maintains his name on the list of persons and entities set out in the annex to Decision 2014/145, (ii) Council Implementing Regulation (EU) 2023/1765 of 13 September 2023 implementing Regulation No 269/2014 (OJ 2023 L 226, p. 3), in so far as that act maintains his name on the list of persons and entities set out in Annex I to Regulation No 269/2014, and (iii) the Council’s letter to him of 15 September 2023 informing him of the maintenance of his name on the lists at issue.

Operative part of the judgment

The Court:

1.Annuls Council Decision (CFSP) 2023/1767 of 13 September 2023, amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, 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, in so far as they concern Mr Pavel Ezubov;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

—

OJ C 24, 23.1.2023.

ELI: http://data.europa.eu/eli/C/2024/6254/oj

ISSN 1977-091X (electronic edition)

—

* * *

Language of the case: English