Information;Judgment — ECLI:EU:T:2024:604
Date: 2024-09-11
Language of the case: French
Court formation: First Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient (Art. 296, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/883, (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/878, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 49-56) 2. Common foreign and security policy – Restrictive measures against certain persons and entities in view of the situation in Ukraine – Freezing of 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) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 64-69) 3. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken 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 – Error of assessment – None (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/883, (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/878, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 76-79, 103, 122) 4. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken in view of the situation in Ukraine – Scope of the review – Inclusion of the applicant on the list annexed to the contested decision by reason of his or her association with another person included on that list – Publicly available documents – Probative value – Principle of the unfettered evaluation of evidence – Inculpatory and exculpatory evidence communicated (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/883, (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/878, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 80, 81) 5. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Person, entity or body associated with a person included on the list annexed to the contested decision – Concept of association – Common interests – Financial ties – Included – Asset transactions for the purpose of succession – Irrelevant (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329, (CFSP) 2022/883, (CFSP) 2022/1530 and (CFSP) 2023/572, Art. 2(1); Council Regulations No 269/2014, Art. 3(1), 2022/330, 2022/878, 2022/1529 and 2023/571) (see paragraphs 89-91, 96, 97, 99, 101) 6. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Leading businesspersons operating in Russia and their close family members or other natural persons benefiting from them – Concept of benefit – Non-negligible benefit of any kind (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1094 and (CFSP) 2023/1767, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), 2023/1089 and 2023/1765) (see paragraphs 109, 110, 116, 119-122) 7. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Prohibition on entry and transit and freezing of funds of certain persons and entities in view of the situation in Ukraine – Restriction of the right to property – Whether permissible – Conditions – Restriction laid down by law – Respect for the essence of the right invoked – Pursuit of an objective of general interest recognised as such by the European Union – Observance of the principle of proportionality – Conditions met (Charter of Fundamental Rights of the European Union, Arts 17 and 52(1); Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/883, (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767, Art. 2(3) and (4); Council Regulations No 269/2014, Arts 4(1), 5(1), 6(1) and 15(1), 2022/878, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 131-140) 8. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Person, entity or body associated with a person included on the list annexed to the contested decision – Compliance with the principle of legal certainty requiring clarity, precision and foreseeability of the effects of legal rules (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329, (CFSP) 2022/883, (CFSP) 2022/1530 and (CFSP) 2023/572, Art. 2(1); Council Regulations No 269/2014, Art. 3(1), 2022/330, 2022/878, 2022/1529 and 2023/571) (see paragraphs 143, 144) 9. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds of certain persons and entities having regard to 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) 2022/329, (CFSP) 2022/883, (CFSP) 2022/1530 and (CFSP) 2023/572, Art. 2(1); Council Regulations No 269/2014, Art. 3(1), 2022/330, 2022/878, 2022/1529 and 2023/571) (see paragraphs 145-147) Operative part The Court: 1. Dismisses the action; 2. Orders Ms. Marina Alexandrova Mordashova to pay the costs.