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Valentina R., lawyer
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(C/2025/4179)
Language of the case: English
Applicant: Alexander Akopov (Moscow, Russia) (represented by: D. Rovetta, M. Campa and V. Villante, lawyers)
Defendant: Council of the European Union
The applicant claims that the Court should:
—annul Council Decision (CFSP) 2025/528; (1)
—annul Council Implementing Regulation (EU) 2025/527; (2) and
if and insofar as they were to be considered applicable to the applicant’s legal situation in the present case,
—annul or, as a subordinate to such direct annulment request, declare inapplicable to the applicant Council Decision (CFSP) 2025/904; (3)
—annul or, as a subordinate to such direct annulment request, declare inapplicable to the applicant Council Regulation (EU) 2025/903; (4) and
—order the Council to bear the costs of the proceedings.
In support of the action, the applicant relies on the following pleas in law.
1.First plea in law, alleging an infringement of the obligation to state reasons, of Article 296 TFEU and of Article 41(2)(c) of the Charter Of Fundamental Rights of the European Union (‘the Charter’), and a breach of the right to effective judicial protection and of Article 47 of the Charter.
2.Second plea in law, alleging an error of assessment by the Council, a failure to discharge the burden of proof, a breach of the listing criteria set forth in Article 1(1)(a) and Article 2(1)(a) of Council Decision 2014/145/CFSP (5) and in Article 3(1)(a) of Council Regulation (EU) No 269/2014 (6), and a breach of the principle of legal certainty.
3.Third plea in law, alleging a breach of the principle of proportionality and the applicant’s fundamental rights.
4.Fourth plea in law, alleging a breach of the duty of periodic review, an infringement of essential procedural requirements and a misuse of power by the Council.
5.Fifth plea in law, alleging, as a subordinate to the above direct challenge in annulment, the illegality of Regulation (EU) 2025/903 and Decision (CFSP) 2025/904, pursuant to Article 277 TFEU.
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(1) Council Decision (CFSP) 2025/528 of 14 March 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L, 2025/528).
(2) Council Implementing Regulation (EU) 2025/527 of 14 March 2025 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 L, 2025/527).
(3) Council Decision (CFSP) 2025/904 of 13 May 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L, 2025/904).
(4) Council Regulation (EU) 2025/903 of 13 May 2025 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 L, 2025/903).
(5) 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).
(6) 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).
ELI: http://data.europa.eu/eli/C/2025/4179/oj
ISSN 1977-091X (electronic edition)
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