Judgment;Information — ECLI:EU:T:2019:579
Date: 2019-09-11
Language of the case: German
Court formation: Sixth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary or implied statement of reasons (Art. 296, second para. TFEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2017/1418, (CFSP) 2018/392 and (CFSP) 2018/1237) (see paras 78-81, 83, 89) 4. Action for annulment — Pleas in law — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 and 296 TFEU) (see para. 92) 5. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Ambit of the review — Proof that the measure is well-founded — Factual basis — Specific, precise and consistent information (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2017/1418, (CFSP) 2018/392 and (CFSP) 2018/1237) (see paras 110-114, 124, 128, 137, 150, 157) 6. Judicial proceedings — Proof — Documentary evidence — Probative value — Assessment by the EU judicature — Criteria (see para. 136) 7. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Ambit of the review — Piece of evidence submitted as exculpatory evidence by the person subject to the restrictive measures — Included (Art. 275, second para. TFEU) (see para. 142) 8. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of certain persons and entities involved in infrastructure projects in Crimea and Sevastopol — Criteria — Support for the separation of Crimea and Sebastopol — Obligations of an occupying power under international humanitarian law — Difference in subject matter of the action for annulment — Manifest error of assessment — None (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2017/1418, (CFSP) 2018/392 and (CFSP) 2018/1237) (see paras 158-160, 162) Re: Application under Article 263 TFEU for annulment of Council Decision (CFSP) 2017/1418 of 4 August 2017 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2017 L 203 I, p. 5), of Council Decision (CFSP) 2018/392 of 12 March 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2018 L 69, p. 48), and of Council Decision (CFSP) 2018/1237 of 12 September 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2018 L 231, p. 27). Operative part The Court: 1. Dismisses the action; 2. Orders Mr Sergey Topor-Gilka and OOO WO Technopromexport to bear their own costs and pay the costs incurred by the Council of the European Union; 3. Orders the Federal Republic of Germany and the European Commission to bear their own costs.