(Case T-274/18)

Language of the case: French

Parties

Applicant: Oleksandr Viktorovych Klymenko (Moscow, Russia) (represented by: M. Phelippeau, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—uphold Mr Oleksandr Viktorovych Klymenko’s action;

—annul Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine;

—annul Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine;

—order the Council of the European Union to pay the costs of the proceedings pursuant to Articles 87 and 91 of the Rules of Procedure of the Court.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.Failure to state the reasons for the contested measures.

2.Infringement of the rights of the defence and the right to effective judicial protection as enshrined in the fundamental principles of EU law, in particular Article 47 of the Charter of Fundamental Rights of the European Union and Articles 6 and 13 of the European Convention on Human Rights and Fundamental Freedoms.

3.Absence of a legal basis, since Article 29 of the Treaty on European Union cannot provide a legal basis for the restrictive measures adopted against Mr Klymenko.

4.Factual errors in that Mr Klymenko has provided evidence proving the lack of a sufficient factual basis for bringing criminal proceedings.

5.Breach of the fundamental right to property, which is a fundamental principle of EU law enshrined in Article 17 of the Charter of Fundamental Rights of the European Union and Article 1 of Protocol No 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.