Official Journal of the European Union

C series

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C/2024/6251

28.10.2024

(Case T-494/22)

(Common foreign and security policy - Restrictive measures adopted 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 - Obligation to state reasons - Error of assessment - Definition of ‘supporting, materially or financially, the Government of the Russian Federation’ - Freedom to conduct a business - Right to property - Proportionality)

(C/2024/6251)

Language of the case: English

Parties

Applicant: NKO AO National Settlement Depository (NSD) (Moscow, Russia) (represented by: N. Tuominen, M. Krestiyanova, J.-P. Fierens and C. Gieskes, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop, acting as Agent, and by B. Maingain, lawyer)

Intervener in support of the defendant: European Commission (represented by: J.-F. Brakeland, G. von Rintelen, L. Mantl and M. Carpus Carcea, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of (i) Council Decision (CFSP) 2022/883 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 153, p. 92), and of Council Implementing Regulation (EU) 2022/878 of 3 June 2022 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 2022 L 153, p. 15); (ii) Council Decision (CFSP) 2023/572 of 13 March 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 75I, p. 134), and of Council Implementing Regulation (EU) 2023/571 of 13 March 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 75I, p. 1); and (iii) 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), in so far as all of those acts include and maintain the applicant’s name on the lists annexed to those acts.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders NKO AO National Settlement Depository (NSD) to bear its own costs and to pay those incurred by the Council of the European Union;

3.Orders the European Commission to bear its own costs.

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Language of the case: English.

ELI: http://data.europa.eu/eli/C/2024/6251/oj

ISSN 1977-091X (electronic edition)

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ECLI:EU:C:2025:140

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