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Case T-1042/23: Judgment of the General Court of 19 March 2025 – BSW – management company of BMC holding v Council (Common foreign and security policy – Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list – Support for the Lukashenko regime – Benefit derived from the Lukashenko regime – Undertaking belonging to the State – Error of assessment – Right to property – Freedom to conduct a business)
ECLI:EU:UNKNOWN:62023TA1042
62023TA1042
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Official Journal of the European Union
C series
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C/2025/2532
12.5.2025
Judgment of the General Court of 19 March 2025 – BSW – management company of ‘BMC’ holding v Council
(Case T-1042/23)
(Common foreign and security policy - Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name on the list - Support for the Lukashenko regime - Benefit derived from the Lukashenko regime - Undertaking belonging to the State - Error of assessment - Right to property - Freedom to conduct a business)
(C/2025/2532)
Language of the case: English
Parties
Applicant: AAT Byelorussian Steel Works – management company of ‘Byelorussian Metallurgical Company’ holding (BSW – management company of ‘BMC’ holding) (Jlobine, Belarus) (represented by: N. Montag and M. Krestiyanova, lawyers)
Defendant: Council of the European Union (represented by: A. Boggio-Tomasaz and A. Antoniadis, acting as Agents, and by E. Raoult, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of, first, Council Implementing Decision (CFSP) 2023/1592 of 3 August 2023 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2023 L 195I, p. 31) and, second, Council Implementing Regulation (EU) 2023/1591 of 3 August 2023 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2023 L 195I, p. 1), in so far as they concern it.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders AAT Byelorussian Steel Works – management company of ‘Byelorussian Metallurgical Company’ holding (BSW – management company of ‘BMC’ holding) to pay, in addition to its own costs, those incurred by the Council of the European Union.
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(1) OJ C C/2023/1311, 11.12.2023.
ELI: http://data.europa.eu/eli/C/2025/2532/oj
ISSN 1977-091X (electronic edition)
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