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(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 - List of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion and maintenance of the applicant’s name on the list - Legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Russian Government - Article 2(1)(g) of Decision 2014/145/CFSP - Action for annulment - Time limit for bringing proceedings - Partial inadmissibility - Plea of illegality - Obligation to state reasons - Error of assessment - Right to effective judicial protection - Right to be heard - Right to property - Freedom to conduct a business - Proportionality)
(C/2025/3891)
Language of the case: English
Applicant: Alfa-Bank JSC (Moscow, Russia) (represented by: B. Malmendier, lawyer)
Defendant: Council of the European Union (represented by: J. Rurarz and V. Piessevaux, acting as Agents, and by B. Maingain, lawyer)
By its action under Article 263 TFEU, the applicant seeks annulment of (i) Council Decision (CFSP) 2023/432 of 25 February 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 59 I, p. 437) and of Council Implementing Regulation (EU) 2023/429 of 25 February 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 59 I, p. 278); (ii) 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 (OJ 2023 L 226, p. 104) and of 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 (OJ 2023 L 226, p. 3); (iii) Council Decision (CFSP) 2024/847 of 12 March 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 2024/847) and of Council Implementing Regulation (EU) 2024/849 of 12 March 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 2024/849), in so far as those acts include and maintain its name on the lists annexed to those acts; and (iv) 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) and of Council Regulation (EU) 2023/1089 of 5 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 146, p. 1).
The Court:
1.Dismisses the action;
2.Orders Alfa-Bank JSC to pay the costs.
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OJ C 235, 3.7.2023.
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ELI: http://data.europa.eu/eli/C/2025/3891/oj
ISSN 1977-091X (electronic edition)
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