Judgment;Information — ECLI:EU:T:2024:575
Date: 2024-09-04
Language of the case: Dutch
Court formation: First Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible;Action for damages

Judgment of the General Court of 4 September 2024 – Kesaev v Council (Cases T-290/22 and T-763/22) 1 (Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the list – Concept of ‘businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’ – Article 2(1)(g) of Decision 2014/145/CFSP – Article 3(1)(g) of Regulation (EU) No 269/2014 – Plea of illegality – Error of assessment – Right to be heard – Right to property – Proportionality – Legal certainty – Equal treatment) Language of the case: Dutch Parties Applicant: Igor Albertovich Kesaev (Usovo, Russia) (represented by: R. Moeyersons and A. De Jonge, lawyers) Defendant: Council of the European Union (represented by: S. Emmerechts, S. Van Overmeire and B. Driessen, acting as Agents) Re: By his actions based on Article 263 TFEU, the applicant seeks annulment: in Case T-290/22, of Council Implementing Regulation (EU) 2022/581 of 8 April 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 (OJ 2022 L 110, p. 3); in Case T-763/22: of Council Decision (CFSP) 2022/1530 of 14 September 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 239, p. 149), and of Council Implementing Regulation (EU) 2022/1529 of 14 September 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 (OJ 2022 L 239, p. 1); of Council Decision (CFSP) 2023/1767 of 13 September 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 226, p. 104), and of Council Implementing Regulation (EU) 2023/1765 of 13 September 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 226, p. 3), to the extent that all of those acts concern him. Operative part of the judgment The Court: Joins Cases T-290/22 and T-763/22 for the purposes of the judgment; Dismisses the actions; Orders Mr Igor Albertovich Kesaev to bear his own costs and to pay those incurred by the Council of the European Union. ____________ 1 OJ C 303, 8.8.2022.