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Case T-1074/23: Judgment of the General Court of 20 November 2024 – 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 – Maintenance of the applicant’s name on the list – Concept of businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Article 2(1)(g) of Decision 2014/145/CFSP – 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 – Non-contractual liability)
ECLI:EU:UNKNOWN:62023TA1074
62023TA1074
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Official Journal of the European Union
C series
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C/2025/560
(Case T-1074/23)
(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 - Maintenance of the applicant’s name on the list - Concept of ‘businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’ - Article 2(1)(g) of Decision 2014/145/CFSP - 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 - Non-contractual liability)
(C/2025/560)
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: V. Piessevaux and S. Lejeune, acting as Agents)
Re:
By his action, the applicant seeks, first, under Article 263 TFEU, the annulment of 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 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 those acts concern him, and, secondly, under Article 268 TFEU, compensation for the non-material damage he suffered following the adoption of the contested acts.
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.
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Language of the case: French.
ELI: http://data.europa.eu/eli/C/2025/560/oj
ISSN 1977-091X (electronic edition)
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(1) OJ C C/2024/1098, 5.2.2024.
ECLI:EU:C:2025:560
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