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Case T-245/21: Action brought on 5 May 2021 — Varabei v Council
ECLI:EU:UNKNOWN:62021TN0245
62021TN0245
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28.6.2021
EN
Official Journal of the European Union
C 252/29
(Case T-245/21)
(2021/C 252/39)
Language of the case: English
Parties
Applicant: Mikalai Mikalevich Varabei (Novopolotsk, Belarus) (represented by: G. Kremslehner, H. Kühnert, lawyers, and M. Lester QC)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—annul with immediate effect Council Decision (CFSP) 2021/353 of 25 February 2021 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus (1) and Council Implementing Regulation (EU) 2021/339 of 25 February 2021 implementing Article 8a of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (2).
—order the Council to bear its own costs and to pay the costs of the Applicant.
Pleas in law and main arguments
In support of the action, the applicant relies on one plea in law alleging manifest errors of assessment. The applicant invokes that the Council has not explained how the applicant’s business interests demonstrate either that the applicant benefits from or that that he supports the Lukashenka regime. To the contrary, the applicant's interests in the petroleum, coal transit and banking sectors are not of a type or magnitude that would indicate that the applicant supports or benefits from the regime in any way.
In addition, the applicant claims that his listing cannot be sustained on the basis that he is the co-owner of Bremino Group. The latter has not received any selective tax benefits nor other forms of support from the Belarusian administration.
(1) OJ L 68, 26.2.2021, p. 189.
(2) OJ L 68, 26.2.2021, p. 29.