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Case T-1042/23: Action brought on 16 October 2023 — BSW — management company of ‘BMC’ holding v Council
ECLI:EU:UNKNOWN:62023TN1042
62023TN1042
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Official Journal of the European Union
Series C
C/2023/1311
11.12.2023
(Case T-1042/23)
(C/2023/1311)
Language of the case: English
Parties
Applicant: AAT Byelorussian Steel Works — management company of ‘Byelorussian Metallurgical Company’ holding (BSW — management company of ‘BMC’ holding) (Zhlobin, Belarus) (represented by: N. Tuominen and L. Engelen, lawyers)
Defendant: Council of the European Union
Form of order sought
The applicants claim that the Court should:
—annul, pursuant to Article 263 TFEU, Council Implementing Decision (CFSP) 2023/1592 of 3 August 2023 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, (1) and Council Implementing Regulation (EU) 2023/1591 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, (2) including the applicant on the list set out in Annexes to Annex I to Regulation (EC) No 765/2006 and on Annex I to Decision 2012/642/CFSP in so far as those acts concern the applicant, and
—order the Council to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the Council’s reasoning is vitiated by a manifest error of assessment.
2.Second plea in law, alleging that by imposing a disproportionate measure, based on the deficient reasons provided in the contested acts, the Council adopted an unlawful measure and therefore, breached the applicant’s rights under Articles 16 and 17 of the Charter of Fundamental Rights.
(1) Council Implementing Decision (CFSP) 2023/1592 of 3 August 2023 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2023 L 195I, p. 31).
(2) Council Implementing Regulation (EU) 2023/1591 of 3 August 2023 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2023 L 195I, p. 1).
ELI: http://data.europa.eu/eli/C/2023/1311/oj
ISSN 1977-091X (electronic edition)