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Case T-270/24: Action brought on 22 May 2024 – Bazhaev v Council
ECLI:EU:UNKNOWN:62024TN0270
62024TN0270
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Official Journal of the European Union
EN
C series
—
C/2024/4338
15.7.2024
(Case T-270/24)
(C/2024/4338)
Language of the case: French
Parties
Applicant: Musa Yusopovich Bazhaev (Moscow, Russia) (represented by: T. Bontinck, M. Brésart and J. Goffin, lawyers)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—primarily, declare unlawful the listing criterion laid down in Article 1(1)(e) and in Article 2(1)(g) of Decision 2014/145/CFSP, and in Article 3(1)(g) of Regulation (EU) 2014/269, in so far as it refers to ‘leading businesspersons operating in Russia and their immediate family members, or other natural persons, benefitting from them, or businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine’, and, consequently:
—annul Council Decision (CFSP) 2024/847 (1) of 12 March 2024, in so far as it includes the applicant’s name in the annex to Council Decision 2014/145/CFSP of 17 March 2014;
—annul Council Implementing Regulation (EU) 2024/849 (2) of 12 March 2024, in so far is it includes the applicant’s name in the annex to Council Regulation (EU) No 2014/269 of 17 March 2014;
—in the alternative, as regards the other pleas in law raised by the applicant:
—annul Council Decision (CFSP) 2024/847 of 12 March 2024, in so far as it includes the applicant’s name in the annex to Council Decision 2014/145/CFSP of 17 March 2014;
—annul Council Implementing Regulation (EU) 2024/849 of 12 March 2024, in so far is it includes the applicant’s name in the annex to Council Regulation (EU) No 2014/269 of 17 March 2014;
—order the Council to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on six pleas in law.
1.First plea in law, alleging illegality of criterion (g) laid down in Article 2(1) of Decision 2014/145.
2.Second plea in law, alleging a manifest error of assessment.
3.Third plea in law, alleging a breach of the right to effective judicial protection.
4.Fourth plea in law, alleging failure to observe the principle of proportionality.
5.Fifth plea in law, alleging a breach of the applicant’s fundamental rights.
6.Sixth plea in law, alleging a breach of the right to be heard.
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).
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).