# C_2023189EN.01004001.xml

| 30.5.2023 | EN | Official Journal of the European Union | C 189/40 |
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30.5.2023

EN

Official Journal of the European Union

C 189/40

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Action brought on 13 April 2023 — MegaFon v Council

(Case T-193/23)

(2023/C 189/53)

Language of the case: French

Parties

Applicant: MegaFon OAO (Moscow, Russia) (represented by: J. Grand d'Esnon, lawyer)

Defendant: Council of the European Union

Forms of order sought

The applicant claims that the General Court should:

| — | annul Council Regulation (EU) No 2023/427 (1) of 25 February 2023 as regards MegaFon; |
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annul Council Regulation (EU) No 2023/427 (1) of 25 February 2023 as regards MegaFon;

| — | annul Council Decision 2023/434/CFSP (2) of 25 February 2023 as regards MegaFon; |
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annul Council Decision 2023/434/CFSP (2) of 25 February 2023 as regards MegaFon;

| — | consequently, annul:






  — | Annex IV of Regulation (EU) No 833/2014 of 31 July 2014 as regards MegaFon; |
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consequently, annul:

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Annex IV of Regulation (EU) No 833/2014 of 31 July 2014 as regards MegaFon;

| — | Annex IV of Decision 2014/512/CFSP of 31 July 2014 as regards MegaFon; |
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Annex IV of Decision 2014/512/CFSP of 31 July 2014 as regards MegaFon;

| — | order the Council of the European Union to pay the costs pursuant to Article 140(b) of the Rules of Procedure of the General Court. |
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order the Council of the European Union to pay the costs pursuant to Article 140(b) of the Rules of Procedure of the General Court.

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 rights of the defence and the right to effective judicial protection. The applicant submits that the Council did not communicate to it in advance the decision listing MegaFon in Annex IV to Regulation (EU) No 833/2014 and Decision 2014/512/CFSP (‘the measures of 31 July 2014’) and did not give the applicant the opportunity to submit observations, even though the Council was, in the applicant’s view, obliged to do so by virtue of the principles relating to respect for the rights of the defence. |
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1.

First plea in law, alleging infringement of the rights of the defence and the right to effective judicial protection. The applicant submits that the Council did not communicate to it in advance the decision listing MegaFon in Annex IV to Regulation (EU) No 833/2014 and Decision 2014/512/CFSP (‘the measures of 31 July 2014’) and did not give the applicant the opportunity to submit observations, even though the Council was, in the applicant’s view, obliged to do so by virtue of the principles relating to respect for the rights of the defence.

| 2. | Second plea in law, alleging failure to state reasons for the decision to include MegaFon in Annex IV to the measures of 31 July 2014. The applicant submits that the Council did not communicate to it the reasons justifying the inclusion of the applicant in Annex IV to the measures of 31 July 2014. |
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2.

Second plea in law, alleging failure to state reasons for the decision to include MegaFon in Annex IV to the measures of 31 July 2014. The applicant submits that the Council did not communicate to it the reasons justifying the inclusion of the applicant in Annex IV to the measures of 31 July 2014.

| 3. | Third plea in law, alleging that the sanctions imposed on the applicant were unlawful, in that they were the result of an error of assessment, on the ground that the reasons for those sanctions were incorrect and, in any event, not established. |
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3.

Third plea in law, alleging that the sanctions imposed on the applicant were unlawful, in that they were the result of an error of assessment, on the ground that the reasons for those sanctions were incorrect and, in any event, not established.

| 4. | Fourth plea in law, alleging infringement of the principle of proportionality by the measures of 25 February 2023. |
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4.

Fourth plea in law, alleging infringement of the principle of proportionality by the measures of 25 February 2023.

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(1)  Council Regulation (EU) 2023/427, of 25 February 2023, amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2023 L 59I, p. 6 ).

(2)  Council Decision 2023/434/CFSP, of 25 February 2023, amending Council Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2023, L 59I, p. 593 ).

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