# C_2016098EN.01003701.xml

| 14.3.2016 | EN | Official Journal of the European Union | C 98/37 |
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14.3.2016

EN

Official Journal of the European Union

C 98/37

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Judgment of the General Court of 28 January 2016 — Klyuyev v Council

(Case T-341/14) (1)

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((Common foreign and security policy - Restrictive measures adopted in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies covered by the freezing of funds and economic resources - Inclusion of the applicant’s name - Proof that inclusion on the list is justified))

(2016/C 098/48)

Language of the case: English

Parties

Parties

Applicant: Sergiy Klyuyev (Donetsk, Ukraine) (represented by: R. Gherson, T. Garner, Solicitors, and B. Kennelly, Barrister)

Applicant:

Defendant: Council of the European Union (represented by: Á. de Elera-San Miguel Hurtado and J.-P. Hix, acting as Agents)

Defendant:

Intervener in support of the defendant: European Commission (represented by: D. Gauci and T. Scharf, acting as Agents)

Intervener in support of the defendant:

Re:

Re:

Application for annulment of Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26), Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 1), Council Decision (CFSP) 2015/876 of 5 June 2015 amending Decision 2014/119 (OJ 2015 L 142, p. 30) and Council Implementing Regulation (EU) 2015/869 of 5 June 2015 implementing Regulation (EU) No 208/2014 (OJ 2015 L 142, p. 1), in so far as the applicant’s name was included on the list of persons, entities and bodies covered by those restrictive measures.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Sergiy Klyuyev’s name was included on the list of persons, entities and bodies covered by those restrictive measures; |
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1.

Annuls Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Sergiy Klyuyev’s name was included on the list of persons, entities and bodies covered by those restrictive measures;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the Council of the European Union to bear its own costs, and to pay those incurred by Mr Klyuyev, in relation to the claim for annulment made in the application; |
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3.

Orders the Council of the European Union to bear its own costs, and to pay those incurred by Mr Klyuyev, in relation to the claim for annulment made in the application;

| 4. | Orders Mr Klyuyev to bear his own costs, and to pay those incurred by the Council, in relation to the claim for annulment made in the statement modifying the form of order sought; |
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4.

Orders Mr Klyuyev to bear his own costs, and to pay those incurred by the Council, in relation to the claim for annulment made in the statement modifying the form of order sought;

| 5. | Orders the European Commission to bear its own costs. |
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5.

Orders the European Commission to bear its own costs.

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(1)  OJ C 261, 11.8.2014.

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