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Case T-269/24: Action brought on 21 May 2024 – Tokareva v Council

ECLI:EU:UNKNOWN:62024TN0269

62024TN0269

May 21, 2024
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Official Journal of the European Union

EN

C series

C/2024/4732

5.8.2024

(Case T-269/24)

(C/2024/4732)

Language of the case: French

Parties

Applicant: Tokareva (Moscow, Russia) (represented by: T. Bontinck, M. Brésart and J. Goffin, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

annul Council Decision 2024/847/PESC of 12 March 2024, in so far as it makes Council Decision 2014/145/CFSP (as amended by Council Decision 2022/1272/CFSP which included the applicant’s name as entry No 1201 in the annex to Council Decision 2014/145/CFSP) applicable until 15 September 2024;

annul Council Implementing Regulation (EU) 2024/849 of 12 March 2024, in so far as it maintains the applicant’s name as entry No 1201 in Annex I to Regulation (EU) 2014/269;

in the alternative, declare unlawful the listing criterion provided for in Article 1(1)(e) and Article 2(1)(g) of Decision 2014/145/CFSP and in Article 3(1)(g) of Regulation (EU) 2014/269 in that it refers to ‘immediate family members of leading businesspersons operating in Russia, who benefit from the latter’;

order the Council to make a provisional payment of EUR 1 000 000 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 infringement of the right to effective judicial protection and of the duty to state reasons.

2.Second plea in law, alleging a manifest error of assessment.

3.Third plea in law, alleging infringement of the principle of proportionality and of fundamental rights.

4.Fourth plea in law, alleging infringement of the principle of legal certainty.

ELI: http://data.europa.eu/eli/C/2024/4732/oj

ISSN 1977-091X (electronic edition)

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