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Case T-526/21: Judgment of the General Court of 6 September 2023 — Gutseriev v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in Belarus — Freezing of funds — Restrictions on admission to the territory of the Member States — Inclusion and retention of the applicant’s name on the lists of persons, entities and bodies concerned — Error of assessment — Right to property — Right to conduct a business — Right to respect for reputation — Rights of the defence)
ECLI:EU:UNKNOWN:62021TA0526
62021TA0526
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Official Journal of the European Union
Series C
C/2023/517
(Case T-526/21) (<span class="oj-super oj-note-tag">1</span>)
(Common foreign and security policy - Restrictive measures adopted in view of the situation in Belarus - Freezing of funds - Restrictions on admission to the territory of the Member States - Inclusion and retention of the applicant’s name on the lists of persons, entities and bodies concerned - Error of assessment - Right to property - Right to conduct a business - Right to respect for reputation - Rights of the defence)
(C/2023/517)
Language of the case: English
Parties
Applicant: Mikail Safarbekovich Gutseriev (Moscow, Russia) (represented by: B. Kennelly, Senior Counsel, J. Pobjoy, Barrister-at-Law, and D. Anderson, lawyer)
Defendant: Council of the European Union (represented by: S. Van Overmeire and L. Bratusca, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks annulment of:
—Council Implementing Decision (CFSP) 2021/1002 of 21 June 2021 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ 2021 L 219 I, p. 70), and Council Implementing Regulation (EU) 2021/997 of 21 June 2021 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2021 L 219 I, p. 3),
—Council Implementing Decision (CFSP) 2022/307 of 24 February 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ 2022 L 46, p. 97), and Council Implementing Regulation (EU) 2022/300 of 24 February 2022 implementing Article 8a of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus (OJ 2022 L 46, p. 3)
in so far as those acts concern the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Mikail Safarbekovich Gutseriev to bear his own costs and to pay those incurred by the Council of the European Union.
*
Language of the case: English.
ELI: http://data.europa.eu/eli/C/2023/517/oj
ISSN 1977-091X (electronic edition)