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Case T-286/23: Judgment of the General Court of 11 September 2024 – OT v Council (Common foreign and security policy – Restrictive measures 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 – Maintaining the applicant’s name on the list – Concept of leading businessperson – Article 2(1)(g) of Decision 2014/145/CFSP – Plea of illegality – Error of assessment – Rights of the defence – Right to effective judicial protection – Right to an effective remedy)

ECLI:EU:UNKNOWN:62023TA0286

62023TA0286

September 11, 2024
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Official Journal of the European Union

C series

C/2024/6258

(Case T-286/23)

(Common foreign and security policy - Restrictive measures 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 - Maintaining the applicant’s name on the list - Concept of ‘leading businessperson’ - Article 2(1)(g) of Decision 2014/145/CFSP - Plea of illegality - Error of assessment - Rights of the defence - Right to effective judicial protection - Right to an effective remedy)

(C/2024/6258)

Language of the case: French

Parties

Applicant: OT (represented by: J.-P. Hordies, C. Sand and P. Blanchetier, lawyers)

Defendant: Council of the European Union (represented by: M.-C. Cadilhac, V. Piessevaux and A. Boggio-Tomasaz, Agents)

Re:

By his action pursuant to Article 263 TFEU, the applicant seeks the annulment of Council Decision (CFSP) 2023/572 of 13 March 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 75 I, p. 134) and of Council Implementing Regulation (EU) 2023/571 of 13 March 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 75 I, p. 1) in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders OT to bear his own costs and to pay those incurred by the Council of the European Union, including those relating to the interlocutory proceedings.

Language of the case: French.

ELI: http://data.europa.eu/eli/C/2024/6258/oj

ISSN 1977-091X (electronic edition)

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