Official Journal of the European Union

EN

Series C

C/2023/665

13.11.2023

(Case T-573/23)

(C/2023/665)

Language of the case: English

Parties

Applicant: Positive Group PAO (Moscow, Russia) (represented by: B. Evtimov, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—declare Article 2(1)(i) of Council Decision 2014/145/CFSP (1) and Article 3(1)(i) of Council Regulation (EU) No 269/2014 (2) of 17 March 2014 inapplicable to the applicant;

—annul Council Decision (CFSP) 2023/1218 of 23 June 2023 (3) amending Council Decision 2014/145/CFSP, insofar as it includes the name of the Applicant in the Annex to Council Decision 2014/145/CFSP of 17 March 2014;

—annul Council Implementing Regulation (EU) 2023/1216 of 23 June 2023 (4) amending Council Regulation (EU) No 269/2014, insofar as it includes the applicant’s name in Annex 1 to Council Regulation (EU) No 269/2014 of 17 March 2014;

—annul Council Decision (CFSP) 2023/1767 of 13 September 2023 (5) amending Council Decision 2014/145/CFSP, insofar as it maintains the name of the applicant in the Annex to Council Decision 2014/145/CFSP of 17 March 2014;

—annul Council Implementing Regulation (EU) 2023/1765 of 13 September 2023 (6) amending Council Regulation (EU) No 269/2014, insofar as it maintains the Applicant’s name in Annex 1 to Council Regulation (EU) No 269/2014 of 17 March 2014;

—order the Council of the European Union to bear the full costs and expenses of the proceedings.

Pleas in law and main arguments

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

1.First plea in law, alleging the illegality of Article 2(1)(i) of Council Decision 2014/145/CFSP and Article 3(1)(i) of Council Regulation (EU) No 269/2014 of 17 March 2014, as interpreted by the Council.

2.Second plea in law, alleging a violation of the right to effective judicial protection and the obligation to state reasons.

3.Third plea in law, alleging manifest error of assessment.

4.Fourth plea in law, alleging a breach of the right of the defence and of the Council’s obligation to conduct a proper review of its listing decision.

Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 16).

Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 6).

Council Decision (CFSP) 2023/1218 of 23 June 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 159I, p. 526).

Council Implementing Regulation (EU) 2023/1216 of 23 June 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 159I, p. 335).

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).

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).

ELI: http://data.europa.eu/eli/C/2023/665/oj

ISSN 1977-091X (electronic edition)