Judgment;Information — ECLI:EU:T:2025:817
Date: 2025-09-03
Language of the case: French
Court formation: Fifth Chamber
Procedure: Action for damages - unfounded;Action for annulment - successful

Judgment of the General Court (Fifth Chamber) of 3 September 2025 – Boguslayev v Council (Case T‑604/24) ( 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 – Maintenance of the applicant’s name on the list – Error of assessment – Non-contractual liability – Damage to reputation and breach of the presumption of innocence – Non-material harm – Reality of the damage ) 1. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures adopted in view of the situation in Ukraine – 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 – Inclusion on the lists based on a specific, precise and consistent body of evidence – No such inclusion – Error of assessment (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/2456 and (CFSP) 2025/528, Art. 2(1)(a) and (e); Council Regulations No 269/2014, Art. 3(1)(a) and (e), 2024/2455 and 2025/527) (see paragraphs 36-38, 58, 59) 2. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures adopted in view of the situation in Ukraine – 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 evidence produced on the basis of a previous inclusion where there are no amendments to the grounds for inclusion or changes in the applicant’s situation or in the context in Ukraine – Changes in the applicant’s situation (Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/2456 and 2025/528, Art. 2(1)(a) and (e); Council Regulations No 269/2014, Art. 3(1)(a) and (e), 2024/2455 and 2025/527) (see paragraphs 39-41, 51, 52, 55) 3. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Scope – Persons responsible for, supporting or implementing actions or policies undermining or threatening the territorial integrity, sovereignty or independence of Ukraine – Persons, entities or bodies conducting transactions with the separatist groups in the Donbass region – Persons previously involved – Included – Conditions – Evidence establishing current involvement of those persons in such an activity – No such evidence (Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/2456 and 2025/528, Art. 2(1)(a) and (e); Council Regulations No 269/2014, Art. 3(1)(a) and (e), 2024/2455 and 2025/527) (see paragraphs 42, 43, 56, 57) 4. Action for annulment – Judgment annulling a measure – Effects – Limitation by the Court – Restrictive measures adopted in view of the situation in Ukraine – Annulment at two different times of two acts containing identical restrictive measures – Risk of legal certainty being seriously affected – Maintenance of the effects of the first of those acts until the taking effect of annulment of the second (Arts 264, second para., and 280 TFEU; Statute of the Court of Justice, Art. 60; Council Decision (CFSP) 2025/528; Council Regulation 2025/527) (see paragraphs 62-66) 5. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of those conditions not met – Action for damages dismissed in its entirety (Art. 340, second para., TFEU) (see paragraphs 72-74, 87-89, 92) 6. EU law – Principles – Fundamental rights – Presumption of innocence – Decision to freeze funds taken against certain persons and entities in view of the situation in Ukraine – Compatibility with that principle – Conditions – Provision by law – Adoption by a competent authority – Time-limited nature (Charter of Fundamental Rights of the European Union, Art. 48(1); Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/2456 and 2025/528, Art. 2(1)(a) and (e); Council Regulations No 269/2014, Art. 3(1)(a) and (e), 2024/2455 and 2025/527) (see paragraphs 76-82) 7. Non-contractual liability – Conditions – Real and certain damage caused by an illegal measure – Non-material damage arising from damage to the reputation of the applicant by reason of the adoption of restrictive measures in his regard – Finding of illegality of the said restrictive measures – Whether appropriate reparation for non-material damage (Art. 340, second para., TFEU) (see paragraphs 90, 91) Operative part The Court: 1. Annuls Council Decision (CFSP) 2024/2456 of 12 September 2024 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Implementing Regulation (EU) 2024/2455 of 12 September 2024 implementing Regulation (EU) 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; Council Decision (CFSP) 2025/528 of 14 March 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, and Council Implementing Regulation (EU) 2025/527 of 14 March 2025 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine to the extent that Mr Vyacheslav Aleksandrovich Boguslayev’s name has been maintained on the list of persons, entities and bodies subject to those restrictive measures; 2. Maintains the effects of Decision 2025/528 in respect of Mr Boguslayev until the date of expiry of the period for appeal referred to in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, should an appeal be brought within that period, until the possible dismissal of the appeal; 3. Dismisses the action as to the remainder; 4. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Boguslayev.