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Case T-359/22: Judgment of the General Court of 6 December 2023 — Zubitskiy v Council (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 of the applicant’s name on the list — Concept of ‘leading businessperson’ — Article 3(1)(g) of Regulation (EU) No 269/2014 — Plea of illegality — Obligation to state reasons — Error of assessment — Right to property — Freedom to conduct a business — Proportionality)

ECLI:EU:UNKNOWN:62022TA0359

62022TA0359

December 6, 2023
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Official Journal of the European Union

Series C

C/2024/948

29.1.2024

(Case T-359/22) (<span class="oj-super oj-note-tag">1</span>)

(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 of the applicant’s name on the list - Concept of ‘leading businessperson’ - Article 3(1)(g) of Regulation (EU) No 269/2014 - Plea of illegality - Obligation to state reasons - Error of assessment - Right to property - Freedom to conduct a business - Proportionality)

(C/2024/948)

Language of the case: French

Parties

Applicant: Evgeny Borisovich Zubitskiy (Moscow, Russia) (represented by: P. Zeller and D. Reingewirtz, lawyers)

Defendant: Council of the European Union (represented by: S. Lejeune, V. Piessevaux and X. Chamodraka, acting as Agents)

Re:

By his action under Article 263 TFEU, the application seeks annulment of Council Implementing Regulation (EU) 2022/581 of 8 April 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 110, p. 3), in so far as that act concerns him.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Evgeny Borisovich Zubitskiy to bear his own costs and to pay those incurred by the Council of the European Union.

OJ C 294, 1.8.2022.

ELI: http://data.europa.eu/eli/C/2024/948/oj

ISSN 1977-091X (electronic edition)

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