Official Journal of the European Union

EN

C series

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C/2024/5504

23.9.2024

(Case T-369/24)

(C/2024/5504)

Language of the case: French

Parties

Applicant: Alexander Dmitrievich Pumpyanskiy (Conches, Switzerland) (represented by: T. Bontinck, M. Brésart, J. Goffin and F. Patuelli, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—declare that the Council has incurred non-contractual liability and order it to compensate the material and non-material harm suffered by the applicant, together with compensatory and default interest;

—order the Council to pay the costs.

Pleas in law and main arguments

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

1.The first plea alleges that the Council failed to take into account changes in the applicant’s individual situation. The applicant claims that the Council committed a sufficiently serious breach of a rule of law intended to confer rights on the applicant, namely the obligation to carry out an updated assessment of his personal situation in the light of the applicant’s resignations, and that it maintained the restrictive measures against him on the sole ground of his family relationship.

2.The second plea alleges that the Council breached the obligation to enforce an annulling judgment and is divided into two parts. The first part alleges that the Council infringed Article 266 of the Treaty on the Functioning of the European Union, which requires the Council to enforce the annulling judgment delivered in Case T-734/22, Pumpyanskiy v Council. The second part alleges that the Council infringed the principle of good administration provided for under Article 41 of the Charter of Fundamental Rights of the European Union, which means that the applicant had the right to have the aforementioned annulling judgment enforced within a reasonable time.

3.The third plea alleges that the Council failed to observe the binding authority of a judgment delivered by adopting the acts of 14 March 2024, and committed an abuse of process. The applicant claims that the acts of 14 March 2024, the annulment of which is sought in the proceedings currently pending in Case T-221/24, are indicative of a failure to have regard to the binding authority attaching to the annulling judgment delivered in Case T-734/22. The applicant also claims that, by adopting the acts of 14 March 2024, the Council infringed his rights of defence and his right to be heard and blatantly exploited the restrictive measures review procedure. The applicant submits that there is a direct link between the infringements he has set out and the harm he has suffered and thus seeks compensation from the Council.

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ELI: http://data.europa.eu/eli/C/2024/5504/oj

ISSN 1977-091X (electronic edition)

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