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Case T-275/12: Judgment of the General Court of 6 October 2015 — FC Dynamo-Minsk v Council (Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Action for annulment — Period allowed for modifying the form of order sought — Partial inadmissibility — Entity owned or controlled by a person or entity subject to the restrictive measures — Obligation to state reasons — Error of assessment)
ECLI:EU:UNKNOWN:62012TA0275
62012TA0275
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30.11.2015
Official Journal of the European Union
C 398/29
(Case T-275/12) (1)
((Common foreign and security policy - Restrictive measures adopted against Belarus - Freezing of funds - Action for annulment - Period allowed for modifying the form of order sought - Partial inadmissibility - Entity owned or controlled by a person or entity subject to the restrictive measures - Obligation to state reasons - Error of assessment))
(2015/C 398/39)
Language of the case: English
Parties
Applicant: Football Club ‘Dynamo-Minsk’ ZAO (Minsk, Belarus) (represented by: D. O’Keeffe, Solicitor, B. Evtimov, lawyer, and M. Lester, Barrister)
Defendant: Council of the European Union (represented by: F. Naert and E. Finnegan, acting as Agents)
Re:
Application for the annulment of Council Implementing Decision 2012/171/CFSP of 23 March 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus (OJ 2012 L 87, p. 95), of Council Implementing Decision (EU) No 265/2012 of 23 March 2012, implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2012 L 87, p. 37), Council Decision 2012/642/CFSP of 15 October 2012, concerning restrictive measures against Belarus (OJ 2012 L 285, p. 1), Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2012 L 307, p. 7), Council Decision 2014/750/CFSP of 30 October 2014 amending Decision 2012/642 (OJ 2014 L 311, p. 39) and Council Implementing Regulation (EU) No 1159/2014 of 30 October 2014 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2014 L 311, p. 2), in so far as those acts apply to the applicant.
Operative part of the judgment
The Court:
1.Annuls Council Implementing Decision 2012/171/CFSP of 23 March 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus, Council Implementing Regulation (EU) No 265/2012 of 23 March 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus, Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, Council Decision 2014/750/CFSP of 30 October 2014 amending Decision 2012/642 and Council Implementing Regulation (EU) No 1159/2014 of 30 October 2014 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus in so far as they relate to Football Club ‘Dynamo-Minsk’ ZAO;
2.Dismisses the action as inadmissible in so far as it seeks annulment of Council Decision 2013/534/CFSP of 29 October 2013 amending Decision 2012/642 and Council Implementing Regulation (EU) No 1054/2013 of 29 October 2013 implementing Article 8a(1) of Regulation (EC) No 765/2006;
3.Dismisses the action as to the remainder;
4.Orders the Council of the European Union to bear its own costs and to pay the costs of Football Club ‘Dynamo-Minsk.
(1) OJ C 250, 18.8.2012.