24.6.2014

EN

Official Journal of the European Union

C 194/34

(Case T-290/14)

2014/C 194/45

Language of the case: French

Parties

Applicant: Andriy Portnov (Kiev, Ukraine) (represented by: M. Cessieux, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—declare Mr Andriy Portnov’s action admissible;

—annul Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and in so far as it concerns the applicant;

—annul Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and in so far as it concerns the applicant;

—order the Council of the European Union to bear the costs in accordance with Articles 87 and 91 of the Rules of Procedure of the General Court.

Pleas in law and main arguments

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

1.First plea in law, alleging an infringement of the rights of the defence and the right to an effective remedy guaranteed by the fundamental principles of European law, set out in Article 47 of the Charter of Fundamental Rights of the European Union and Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

2.Second plea in law, alleging failure to state sufficient reasons for the contested acts.

3.Third plea in law, alleging a failure to comply with the criterion concerning penalties defined in Article 1 of Decision No 2014/119/CFSP and in paragraph 4 of the recital in the preamble to Regulation (EU) No 208/2014.

4.Fourth plea in law, alleging an error of fact, in so far as Mr Portnov, at the date of adoption of the contested acts, was not subject to criminal investigation in Ukraine for acts such as those referred to against him by the Council.

5.Fifth plea in law, alleging infringement of the fundamental right to respect for property, a fundamental principle of Community law protected by Article 17 of the Charter of Fundamental Rights of the European Union and Article 1 of Additional Protocol No 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.