# C_2023252EN.01006901.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/69 |
| --- | --- | --- | --- |

17.7.2023

EN

Official Journal of the European Union

C 252/69

---

Action brought on 25 May 2023 — OT v Council

(Case T-286/23)

(2023/C 252/83)

Language of the case: French

Parties

Applicant: OT (represented by: J.-P. Hordies, C. Sand and P. Blanchetier, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

| — | annul Council [Implementing Regulation (EU)] 2023/571 of 13 March 2023 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 75 I, p. 1), in so far as it concerns the applicant; |
| --- | --- |

—

annul Council [Implementing Regulation (EU)] 2023/571 of 13 March 2023 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 75 I, p. 1), in so far as it concerns the applicant;

| — | annul Council Decision (CFSP) 2023/572 of 13 March 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 75 I, p. 134), in so far as it concerns the applicant; |
| --- | --- |

—

annul Council Decision (CFSP) 2023/572 of 13 March 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 75 I, p. 134), in so far as it concerns the applicant;

| — | consequently, order the Council to remove the applicant’s name from the annexes to Council Decision (CFSP) 2023/572 of 13 March 2023 and Council Implementing Regulation (EU) 2023/571 of 14 March 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; |
| --- | --- |

—

consequently, order the Council to remove the applicant’s name from the annexes to Council Decision (CFSP) 2023/572 of 13 March 2023 and Council Implementing Regulation (EU) 2023/571 of 14 March 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine;

| — | order the Council to bear the full costs and expenses of the proceedings, including those incurred by the applicant. |
| --- | --- |

—

order the Council to bear the full costs and expenses of the proceedings, including those incurred by the applicant.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

| 1. | First plea in law, alleging that the Council manifestly erred in its assessment of the facts. |
| --- | --- |

1.

First plea in law, alleging that the Council manifestly erred in its assessment of the facts.

| 2. | Second plea in law, raising a plea of illegality in respect of points (d) and (g) of Article 1 of Council Regulation (EU) 2022/330 of 25 February 2022 amending Regulation (EU) 269/2014, inasmuch as that text undermines the values of freedom and the rule of law enshrined in Article 2 [TEU], as well as the principles of foreseeability of European Union acts and of proportionality. |
| --- | --- |

2.

Second plea in law, raising a plea of illegality in respect of points (d) and (g) of Article 1 of Council Regulation (EU) 2022/330 of 25 February 2022 amending Regulation (EU) 269/2014, inasmuch as that text undermines the values of freedom and the rule of law enshrined in Article 2 [TEU], as well as the principles of foreseeability of European Union acts and of proportionality.

| 3. | Third plea in law, alleging infringement of the rights of the defence, the right to effective judicial protection and the right to an effective remedy. |
| --- | --- |

3.

Third plea in law, alleging infringement of the rights of the defence, the right to effective judicial protection and the right to an effective remedy.

---