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Case T-604/24: Action brought on 22 November 2024 – Boguslayev v Council

ECLI:EU:UNKNOWN:62024TN0604

62024TN0604

November 22, 2024
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Official Journal of the European Union

EN

C series

C/2025/578

3.2.2025

(Case T-604/24)

(C/2025/578)

Language of the case: French

Parties

Applicant: Vyacheslav Aleksandrovich Boguslayev (Zaporizhzhia, Ukraine) (represented by: S. Bonifassi, E. Fedorova and J. Bastien, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

annul Council Decision (CFSP) 2024/2456 of 12 September 2024 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, in so far as it extends the application of the restrictive measures adopted against the applicant by Council Decision (CFSP) 2023/432 of 25 February 2023 and Council Implementing Regulation (EU) 2023/429 of 25 February 2023;

annul Implementing Regulation (EU) 2024/2455 of 12 September 2024 implementing Regulation (EU) 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, in so far as it extends the application of the restrictive measures adopted against the applicant by Council Decision (CFSP) 2023/432 of 25 February 2023 and Council Implementing Regulation (EU) 2023/429 of 25 February 2023;

order the Council to pay the sum of EUR 1 000 000 provisionally in respect of the non-material damage suffered by the applicant;

order the Council to pay the costs.

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 violation of the right to effective judicial protection and breach of the duty to state reasons, in particular to the extent that the Council relies exclusively on the criminal proceedings brought against the applicant by the Ukrainian authorities without fulfilling the requirements to do so.

2.Second plea in law, alleging an error of assessment in applying criteria (a) and (e) to the applicant.

3.Third plea in law, alleging breach of the principle of proportionality.

4.Fourth plea in law, alleging violation of the fundamental rights of the applicant, in particular his right to property, his right to respect for his private and family life and his right to the presumption of innocence.

ELI: http://data.europa.eu/eli/C/2025/578/oj

ISSN 1977-091X (electronic edition)

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