Information;Judgment — ECLI:EU:T:2025:1112
Date: 2025-12-17
Language of the case: English
Court formation: First Chamber
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/847, (CFSP) 2024/2456, (CFSP) 2025/528 and (CFSP) 2025/904; Council Regulations No 269/2014, 2024/849, 2024/2455, 2025/527 and 2025/903) (see paragraphs 59-61, 64-73) 3. 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 – Error of assessment – None (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/847, (CFSP) 2024/2456, (CFSP) 2025/528 and (CFSP) 2025/904; Council Regulations No 269/2014, 2024/849, 2024/2455, 2025/527 and 2025/903) (see paragraphs 77-79, 89, 100, 111, 117-124, 131-137, 142) 4. 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 application on the list annexed to the contested decision – Publicly available documents – Probative value (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/847, (CFSP) 2024/2456, (CFSP) 2025/528 and (CFSP) 2025/904; Council Regulations No 269/2014, 2024/849, 2024/2455, 2025/527 and 2025/903) (see paragraphs 80, 81) 5. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Provision of active material or financial support to the Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Eastern Ukraine – Benefit drawn from those decision-makers – Concept – Need to establish a link between the advantages obtained and the annexation of Crimea or the destabilisation of Eastern Ukraine – None (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/847, (CFSP) 2024/2456, (CFSP) 2025/528 and (CFSP) 2025/904; Council Regulations No 269/2014, 2024/849, 2024/2455, 2025/527 and 2025/903) (see paragraph 94) 6. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Scope – Persons, entities or bodies supporting, materially or financially, or benefitting from Russian decision-makers or the Government of the Russian Federation – Concept – Persons who have committed those acts in the past, notwithstanding the lack of evidence establishing current involvement or participation in such acts – Included (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/847, (CFSP) 2024/2456, (CFSP) 2025/528 and (CFSP) 2025/904; Council Regulations No 269/2014, 2024/849, 2024/2455, 2025/527 and 2025/903) (see paragraphs 109, 110, 139-141) 7. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against certain persons and entities in view of the situation in Ukraine – Freezing of the funds of persons, entities or bodies supporting, materially or financially, or benefitting from Russian decision-makers or the Government of the Russian Federation – Scope of the review – Assessment of the legality by reference to the information available at the time of adoption of the decision – Evidence not included in the file of evidence relating to the administrative proceedings produced by the Council in the judicial proceedings – Whether permissible – Conditions (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2024/847, (CFSP) 2024/2456, (CFSP) 2025/528 and (CFSP) 2025/904; Council Regulations No 269/2014, 2024/849, 2024/2455, 2025/527 and 2025/903) (see paragraphs 126, 127) 8. 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 – Restriction of property rights and freedom of enterprise – 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 (Arts 5(4), 21(2)(b) and (c) and 29 TEU; Art. 215 TFEU; Charter of Fundamental Rights of the European Union, Arts 16 and 17; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329, (CFSP) 2024/847, (CFSP) 2024/2456, (CFSP) 2025/528 and (CFSP) 2025/904, Arts 2(3) and (4) and 6; Council Regulations No 269/2014, Arts 4(1), 5(1) and 6(1), 2022/330, 2024/849, 2024/2455, 2025/527 and 2025/903) (see paragraphs 147-163) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Igor Rotenberg to pay the costs.