Information;Judgment — ECLI:EU:T:2023:286
Date: 2023-05-24
Language of the case: French
Court formation: Fifth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient – No infringement (Art. 296 TFEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and 2021/997, Annex) (see paragraphs 16-25) 2. 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 – 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 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and 2021/997, Annex) (see paragraphs 37-40, 42-45, 47) 3. 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, repression of civil society or democratic opposition, or undermining democracy or the rule of law – Natural or legal persons, entities or organisations benefiting from or supporting the Lukashenko regime – Statements advocating the pursuit of a policy of repression of civil society or democratic opposition – Included – No error of assessment (Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Arts 3(1)(b) and 4(1)(b), Annex; Council Regulations No 765/2006, Art. 2(4)(5), 1014/2012 and 2021/997, Annex) (see paragraphs 46, 48-50, 52) 4. 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 of residence and of free movement within the European Union – Restrictive measures pursuing a legitimate aim of the common foreign and security policy – No breach of principle of proportionality (Art. 21(2)(b), TFEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Art. 3(6)(5) and 8; Council Regulations No 765/2006, Arts 3 and 8a(4), and 2021/997) (see paragraphs 58-67, 73) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Aleh Haidukevich to bear, in addition to his own costs, those incurred by the Council of the European Union. 1 OJ C 11, 10.1.2022.