Information;Judgment — ECLI:EU:T:2025:840
Date: 2025-09-10
Language of the case: French
Court formation: First Chamber
Procedure: Action for annulment - unfounded;Action for damages - unfounded;Action for annulment - successful

summary statement of reasons sufficient (Art. 296, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1767, (CFSP) 2024/847 and (CFSP) 2024/2456; Council Regulations No 269/2014, 2023/1765, 2024/849 and 2024/2455) (see paragraphs 82-91) 4. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Decision to freeze funds – Rights of the defence – Notification of inculpatory evidence – Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures – That decision based on new factors not appearing in the initial decision – New evidence sent to the applicant – Infringement of the right to be heard – None (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/847 and (CFSP) 2024/2456; Council Regulations No 269/2014, 2024/849 and 2024/2455) (see paragraphs 95, 96, 99-102) 5. 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 – Inclusion of the applicant on the list annexed to the contested decision on account of his or her status as leading businessperson operating in Russia or businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Publicly available documents – Principle of the unfettered evaluation of evidence (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1767, (CFSP) 2024/847 and (CFSP) 2024/2456; Council Regulations No 269/2014, 2023/1765, 2024/849 and 2024/2455) (see paragraphs 113-115, 147-152, 197-202) 6. 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 – None (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1767, (CFSP) 2024/847 and (CFSP) 2024/2456; Council Regulations No 269/2014, 2023/1765, 2024/849 and 2024/2455) (see paragraphs 116, 117, 141, 169, 170, 175, 179-181) 7. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Scope – Businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Concept – Persons previously involved – Included – Conditions – Evidence proving the current involvement of those persons in such an activity – Error of assessment – None (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1094, (CFSP) 2023/1767, (CFSP) 2024/847 and (CFSP) 2024/2456, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), 2023/1089, 2023/1765, 2024/849 and 2024/2455) (see paragraphs 143-146, 153-157, 160, 166) 8. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Concept of an economic sector providing a substantial source of revenue to the Government of the Russian Federation – Technology and information sector – Included (Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1094, (CFSP) 2023/1767 and (CFSP) 2024/847, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), 2023/1089, 2023/1765 and 2024/849) (see paragraphs 158, 159, 180) 9. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Concept of revenue for the Government of the Russian Federation – Revenue other than tax revenue allocated to the federal budget of that State – Included (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/1094, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g) and 2023/1089) (see paragraph 164) 10. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Scope – Leading businesspersons operating in Russia and their immediate family members or other natural persons benefiting from them – Businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Concept – Persons previously involved – Included – Conditions – Evidence proving the current involvement of those persons in such an activity – None – Error of assessment (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1094 and (CFSP) 2024/2456, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), 2023/1089 and 2024/2455) (see paragraphs 195, 196, 203-208, 213, 214) 11. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Persons responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty or independence of Ukraine, and natural or legal persons, entities or bodies associated with them – Concept of support (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/329, Art. 2(1)(a); Council Regulations No 269/2014, Art. 3(1)(a) and 2022/330) (see paragraphs 221, 222) 12. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Persons, entities or bodies supporting, materially or financially, or benefiting from the Government of the Russian Federation, and persons associated with them – Concept of supporting, materially or financially – Support that is significant in both quantitative and qualitative terms – Need to establish a link between that support and the annexation of Crimea or the destabilisation of Ukraine – None (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/1094, Art. 2(1)(f); Council Regulations No 269/2014, Art. 3(1)(f) and 2023/1089) (see paragraph 223) 13. 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 which undermine or threaten the territorial integrity, sovereignty or independence of Ukraine, and natural or legal persons, entities or bodies associated with them – Persons, entities or bodies supporting, materially or financially, or benefiting from the Government of the Russian Federation, and persons associated with them – Concept of support – Support based on past activities – Included – Conditions – Evidence proving the current involvement of those persons in such an activity – None – Error of assessment (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329 and (CFSP) 2024/2456, Art. 2(1)(a) and (f); Council Regulations No 269/2014, Art. 3(1)(a) and (f), 2022/330 and 2024/2455) (see paragraphs 224-229) 14. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Leading businesspersons operating in Russia and their immediate family members or other natural persons benefiting from them – Businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Principle of non-discrimination – Scope ratione materiae – Person from a third country – Not included – Infringement of the principle of non-discrimination – None (Art. 18, first para., TFEU; Charter of Fundamental Rights of the European Union, Arts 21(2) and 52(2); Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1094, (CFSP) 2023/1767 and (CFSP) 2024/847, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), 2023/1089, 2023/1765 and 2024/849) (see paragraphs 233-239) 15. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Freezing of funds of certain persons and entities in view of the situation in Ukraine – Restrictive measures not adopted by the Council against other persons, entities or bodies in an identical situation – Breach of the principle of equal treatment – None (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1767 and (CFSP) 2024/847; Council Regulations No 269/2014, 2023/1765 and 2024/849) (see paragraphs 240-245) 16. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Freezing of funds of certain persons and entities in view of the situation in Ukraine – Judicial review of legality – Principle of proportionality – Appropriateness of the restrictive measures – Restrictive measures pursuing a legitimate aim of the common foreign and security policy (Arts 5(4) and 21(2)(c) TEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1767 and (CFSP) 2024/847; Council Regulations No 269/2014, 2023/1765 and 2024/849) (see paragraphs 250-258) 17. Non-contractual liability – Conditions – Unlawfulness – Harm – Causal link – One of the conditions not satisfied – Action for damages dismissed in its entirety (Art. 340, second para., TFEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/2456; Council Regulations No 269/2014 and 2024/2455) (see paragraphs 263, 264, 267-269, 273) 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 and Council Implementing Regulation (EU) 2024/2455 of 12 September 2024 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, in so far as Mr Tigran Khudaverdyan’s name was maintained on the list of persons, entities and bodies to whom those measures apply; 2. Dismisses the remainder of the action; 3. Orders Mr Khudaverdyan to bear two thirds of his costs and to pay two thirds of the costs incurred by the Council of the European Union; 4. Orders the Council to bear one third of its costs and to pay one third of the costs incurred by Mr Khudaverdyan.