Official Journal of the European Union

C series

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C/2024/6414

(Case C-584/24 P)

(C/2024/6414)

Language of the case: English

Parties

Appellant: Council of the European Union (represented by: B. Driessen and P. Mahnič, Agents)

Other party to the proceedings: Dmitry Alexandrovich Pumpyanskiy

Form of order sought

The appellant claims that the Court should:

—set aside the contested judgment of the General Court;

—give final judgment in the matters that are the subject of this appeal and to dismiss the applicant's application;

—order the applicant to pay the costs of the Council arising from the present appeal and from case T-740/22.

Pleas in law and main arguments

In the contested judgment the General Court, among other things, annulled Council Decision (CFSP) 2023/1767 (1) and Council Implementing Regulation (EU) 2023/1765 (2), both of 13 September 2023, insofar as these acts concerned the applicant. These acts relisted him on the basis of criterion (g) of Article 2(1) of Council Decision 2014/145/CFSP (3), as amended by Council Decision (CFSP) 2023/1094 (4), and criterion (g) of Article 3(1) of Council Regulation 269/2014 (5), as amended by Council Regulation (EU) 2023/1089 (6).

First plea: The General Court misinterpreted the first hypothesis of the new criterion (g) (‘leading businesspersons operating in Russia’) and disregarded the Court’s case law concerning the evidence on which the Council can rely.

Second plea: The General Court erred in law in its assessment of the continued relevance of the applicant’s activities in 2022 and notably of his decision to be present at a meeting with president Putin on 24 February 2022.

Third plea: the General Court misapplied criterion (g) contrary to its wording and purpose.

(1) 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).

(2) 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).

(3) 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).

(4) Council Decision (CFSP) 2023/1094 of 5 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 146, p. 20).

(5) 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).

(6) Council Regulation (EU) 2023/1089 of 5 June 2023 amending 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 146, p. 1).

ELI: http://data.europa.eu/eli/C/2024/6414/oj

ISSN 1977-091X (electronic edition)

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Language of the case: English.