# C_2022276EN.01001601.xml

| 18.7.2022 | EN | Official Journal of the European Union | C 276/16 |
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18.7.2022

EN

Official Journal of the European Union

C 276/16

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Action brought on 24 May 2022 — Rashnikov v Council

(Case T-305/22)

(2022/C 276/23)

Language of the case: English

Parties

Applicant: Viktor Filippovich Rashnikov (Magnitogorsk, Russia) (represented by: D. Rovetta, M. Campa, M. Moretto, V. Villante and M. Pirovano, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

| — | Annul the Council Decision (CFSP) 2022/429 of 15 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1) and Council Implementing Regulation (EU) 2022/427 of 15 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (2) (‘Contested Acts’) so far as they include the applicant in the list of persons and entities made subject to the restrictive measures; |
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Annul the Council Decision (CFSP) 2022/429 of 15 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1) and Council Implementing Regulation (EU) 2022/427 of 15 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (2) (‘Contested Acts’) so far as they include the applicant in the list of persons and entities made subject to the restrictive measures;

| — | Order the Council to bear the costs of the proceedings. |
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Order the Council to bear the costs of the proceedings.

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 obligation to state reasons, of Article 296 of the Treaty on the Functioning of the European Union and of Article 41 (2) (c) of the Charter of Fundamental Rights, as well as breach of the right to effective judicial protection and of Article 47 of the Charter of Fundamental Rights of the European Union. |
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1.

First plea in law, alleging infringement of the obligation to state reasons, of Article 296 of the Treaty on the Functioning of the European Union and of Article 41 (2) (c) of the Charter of Fundamental Rights, as well as breach of the right to effective judicial protection and of Article 47 of the Charter of Fundamental Rights of the European Union.

| 2. | Second plea in law, alleging manifest error of assessment, failure to discharge the burden of proof, breach of the listing criteria set forth in Article 1 (1) (a) and (e) and 2 (1) (a) and (g) of Council Decision 2014/145/CFSP of 17 March 2014 and in Article 3 (1) (a) and (g) of Council Regulation (EU) No 269/2014 of 17 March 2014, both concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. |
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2.

Second plea in law, alleging manifest error of assessment, failure to discharge the burden of proof, breach of the listing criteria set forth in Article 1 (1) (a) and (e) and 2 (1) (a) and (g) of Council Decision 2014/145/CFSP of 17 March 2014 and in Article 3 (1) (a) and (g) of Council Regulation (EU) No 269/2014 of 17 March 2014, both concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

| 3. | Third plea in law, alleging breach of the principle of proportionality and the breach of the applicant’s fundamental rights to property and freedom to conduct business (Articles 16 and 17 of the Charter of Fundamental Rights of the European Union). |
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3.

Third plea in law, alleging breach of the principle of proportionality and the breach of the applicant’s fundamental rights to property and freedom to conduct business (Articles 16 and 17 of the Charter of Fundamental Rights of the European Union).

| 4. | Fourth plea in law, alleging infringement of the fundamental principle of non-discrimination. |
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4.

Fourth plea in law, alleging infringement of the fundamental principle of non-discrimination.

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(1)  OJ 2022, L 87 I, p. 44.

(2)  OJ 2022, L 87 I, p. 1.

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