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Case T-492/24: Action brought on 20 September 2024 – Beloglazov v Council
ECLI:EU:UNKNOWN:62024TN0492
62024TN0492
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Official Journal of the European Union
EN
C series
—
C/2024/6663
11.11.2024
(Case T-492/24)
(C/2024/6663)
Language of the case: French
Parties
Applicant: Dimitry Aleksandrovich Beloglazov (Minsk, Belarus) (represented by: E. Epron, A. Genko and C. Gimbert, lawyers)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—declare the application for annulment to be admissible and well founded;
—declare Decision (CFSP) 2023/1218 of 23 June 2023 amending Decision 2014/145/CFSP to be inapplicable to Mr Dimitry Aleksandrovich Beloglazov, on grounds of unlawfulness;
—declare Regulation (EU) 2023/1215 of 23 June 2023 amending Regulation (EU) No 269/2014 to be inapplicable to Mr Dimitry Aleksandrovich Beloglazov on grounds of unlawfulness;
—annul in part Council Decision (CFSP) 2024/1843 of 28 June 2024 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine in so far as it concerns Mr Dimitry Aleksandrovich Beloglazov;
—annul in part Council Implementing Regulation (EU) 2024/1842 of 28 June 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 in so far as it concerns Mr Dimitry Aleksandrovich Beloglazov;
—order the Council of the European Union to pay all the costs and expenses of the proceedings;
—reserve to the applicant all other rights, entitlements, pleas and actions.
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
1.First plea, raising a plea of unlawfulness in respect of Article 3(1)(h) of Regulation (EU) No 269/2014 as amended by Regulation (EU) 2023/1215 and in respect of Article 2(1)(g) of Decision (CFSP) 2023/1094.
2.Second plea, alleging error of assessment.
3.Third plea, alleging breach of the principle of the rights of the defence and of the principle of legal certainty.
4.Fourth plea, alleging infringement of the applicant’s fundamental rights.
5.Fifth plea, alleging breach of the principle of proportionality.
Council Decision (CFSP) 2024/1843 of 28 June 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 2024/1843).
Council Implementing Regulation (EU) 2024/1842 of 28 June 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 2024/1842).
Regulation (EU) 2023/1215 of 23 June 2023 amending 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 159 I, p.330).
Council Decision (CFSP) 2023/1094 of 5 June 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 146, p. 20).
ELI: http://data.europa.eu/eli/C/2024/6663/oj
ISSN 1977-091X (electronic edition)
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