Judgment;Information — ECLI:EU:T:2024:631
Date: 2024-09-18
Language of the case: English
Court formation: Fourth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient – Infringement – None (Art. 296 TFEU; Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2022/881 and (CFSP) 2023/421, Annex; Council Regulations No 765/2006, Annex I, 2022/876 and 2023/419) (see paragraphs 29-36) 2. Common foreign and security policy – Restrictive measures against Belarus – Freezing of funds – Rights of the defence – Notification of inculpatory evidence – Initial decision having included the name of the applicant on the list of persons covered by those measures – No individual notification – Surprise effect – Infringement of the right to be heard – None (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2020/881, Annex; Council Regulations No 765/2006, Annex I, and 2022/876) (see paragraphs 43-50) 3. Common foreign and security policy – Restrictive measures against Belarus – Freezing of funds of certain persons and entities having regard to the situation in Belarus – Judicial review of legality – Scope – Provision of general scope concerning an individual restrictive measure – Inclusion by way of a plea of illegality – Plea put forward implicitly – Formal nature – None (Art. 29 TEU; Arts 275, second para. and 277 TFEU; Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2022/881 and (CFSP) 2023/421, Annex; Council Regulations No 765/2006, Annex I, 2022/876 and 2023/419) (see paragraph 58) 4. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Belarus – Freezing of funds of certain persons and entities having regard to the situation in Belarus – Scope of the review – Restricted review for general rules – Criteria for adopting restrictive measures – Persons, entities or bodies responsible for serious violations of human rights or the repression of civil society and democratic opposition – Natural or legal persons, entities or bodies benefiting from or supporting the Lukashenko regime – Scope – Compliance with the principle of legal certainty requiring clarity, precision and foreseeability of the effects of legal rules (Art. 29 TEU; Art. 215(2) TFEU; Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2022/881 and (CFSP) 2023/421, Art. 4(1)(a) and (b); Council Regulations No 765/2006, Art. 2(5), 2022/876 and 2023/419) (see paragraphs 60-64, 73-76) 5. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Belarus – Freezing of funds of certain persons and entities having regard to the situation in Belarus – Scope of the review – Obligation on the competent EU authority to establish, in the event of challenge, that the reasons relied on against the persons or entities concerned are well founded – Inclusion on the lists based on a specific, precise and consistent body of evidence (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2012/642/CFSP, as amended by Council Decisions (CFSP) 2022/881 and (CFSP) 2023/421, Annex; Council Regulations No 765/2006, Annex I, 2022/876 and 2023/419) (see paragraphs 80-82, 108-116) 6. Common foreign and security policy – Restrictive measures against Belarus – Criteria for adopting restrictive measures – Natural or legal persons, entities or bodies benefiting from or supporting the Lukashenko regime – Concept – Persons exercising functions conferring on them the power to manage an entity subject to restrictive measures – Included – Error of assessment – None (Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2022/881 and (CFSP) 2023/421, Annex; Council Regulations No 765/2006, Annex I, 2022/876 and 2023/419) (see paragraphs 121, 125-133, 137, 217) 7. Common foreign and security policy – Restrictive measures against Belarus – Criteria for adopting restrictive measures – Persons, entities and bodies responsible for serious violations of human rights, the repression of civil society or democratic opposition, or undermining democracy or the rule of law – Concept – Error of assessment – None (Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2022/881 and (CFSP) 2023/421, Annex; Council Regulations No 765/2006, Annex I, 2022/876 and 2023/419) (see paragraphs 154-161, 217) 8. Common foreign and security policy – Restrictive measures against Belarus – Freezing of funds of certain persons and entities having regard to the situation in Belarus – Restriction on the right to property and the freedom to conduct a business and damage to reputation – Breach of the principle of proportionality –None (Charter of Fundamental Rights of the European Union, Art. 17; Council Decision 2012/642/CFSP, as amended by Council Decisions (CFSP) 2022/881 and (CFSP) 2023/421, Annex; Council Regulations No 765/2006, Annex I, 2022/876 and 2023/419) (see paragraphs 184-196) 9. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Belarus – Freezing of funds of certain persons and entities having regard to the situation in Belarus – Scope of the review – Proof that the measure is well founded – Obligation on the competent EU authority to establish, in the event of challenge, that the reasons relied on against the persons or entities concerned are well founded – Breadth of the discretion of that competent authority – Relevance of the evidence produced in connection with an earlier listing in the absence of any amendment to the grounds for listing, changes to the applicant’s situation or changes to the context of Belarus (Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2022/881 and (CFSP) 2023/421, Annex; Council Regulations No 765/2006, Annex I, 2022/876 and 2023/419) (see paragraph 205) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Ivan Ivanovich Golovaty to bear his own costs and to pay those incurred by the Council of the European Union; 3. Orders the Republic of Latvia to bear its own costs.