Judgment — ECLI:EU:T:2018:232
Date: 2018-04-26
Language of the case: German
Court formation: Sixth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient — Limits — Statement of reasons not capable of consisting of a general and stereotyped formulation (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision (CFSP) 2016/318; Council Regulation (EU) 2016/311) (see paras 116-118) 5. Actions for annulment — Pleas in law — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (see para. 119) 6. 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 the measure well-founded — Obligation on the Council systematically to verify evidence submitted by the authorities of a non-Member country — None 6. 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 the measure well-founded — Obligation on the Council systematically to verify evidence submitted by the authorities of a non-Member country — None (Charter of Fundamental Rights of the European Union, Arts 41 and 47; Council Decision (CFSP) 2016/318; Council Regulation (EU) 2016/311) (see paras 143-147, 152-156, 176, 189) 7. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds belonging to the Ukrainian State — Nature of those measures — Purely protective measures — No criminal character (Council Decision (CFSP) 2016/318; Council Regulation (EU) 2016/311) (see paras 150, 151) 8. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds belonging to the Ukrainian State — Assessment of the legality by reference to the information available at the time of adoption of the decision (see para. 157) 9. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds belonging to the Ukrainian State — Adoption of a restrictive measure subject to the imposition of a criminal penalty — None 9. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds belonging to the Ukrainian State — Adoption of a restrictive measure subject to the imposition of a criminal penalty — None (Council Decision 2014/119/CFSP, Art. 1(1)(a), as amended by Decision (CFSP) 2015/143; Regulation (EU) No 208/2014, Art. 3(1), as amended by Regulation (EU) 2015/138) (see para. 167) Re: Application based on Article 263 TFEU and seeking to annul Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 76) and Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 1), in so far as the applicant’s name is maintained on the list of persons, entities and bodies to which those restrictive measures apply. Operative part The Court 1. Dismisses the action; 2. Orders Mr Mykola Yanovych Azarov to pay the costs. 2. Orders Mr Mykola Yanovych Azarov to pay the costs.