Judgment;Information — ECLI:EU:T:2023:707
Date: 2023-11-08
Language of the case: German
Court formation: Fifth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997) (see paragraphs 25-29, 33, 34, 37, 39) 2. Common foreign and security policy – Restrictive measures against Belarus – Freezing of funds – Rights of the defence – Notification of inculpatory evidence – Initial decision including the applicant’s name on the list of persons subject to those measures – Lack of individual notification – Surprise effect – No infringement of the right to be heard (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997) (see paragraphs 44-49, 56) 3. EU law – Principles – Rights of the defence – Right to effective judicial protection – Restrictive measures against Belarus – Obligation to disclose individual and specific grounds for the decisions adopted – Scope – Notification to the person concerned through publication in the Official Journal – Council not able to effect notification – Whether permissible – No infringement of the right to be heard (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997) (see paragraphs 50-52, 56) 4. EU law – Principles – Rights of the defence – Restrictive measures against Belarus – Right of access to documents – Right to be heard – Rights contingent upon the presentation of a request to that effect to the Council (Charter of Fundamental Rights of the European Union, Art. 41(2); Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997) (see paragraphs 54-56) 5. 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 in view of the situation in Belarus – 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 set of indicia – No error of assessment (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 No 2021/997) (see paragraphs 60-64, 75, 81, 82, 95, 96) 6. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Belarus – Scope of the review – Evidence submitted as exculpatory evidence by the person subject to the restrictive measures – Included (Art. 275, second para., TFEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997) (see paragraph 65) 7. 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 in view of the situation in Belarus – Scope of the review – Measures capable of being supported by some grounds and not others – Validity of those measures (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 No 2021/997) (see paragraph 67) 8. Common foreign and security policy – Restrictive measures against Belarus – Natural or legal persons, entities or bodies benefitting from or supporting the Lukashenko regime – Personal relationship with President Lukashenko – Meaning – Assessment of the facts and verification of the evidence (Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997) (see paragraphs 88, 99) 9. Common foreign and security policy – Restrictive measures against Belarus – Criteria for adopting restrictive measures – Natural or legal persons, entities or bodies benefitting from or supporting the Lukashenko regime – Concept – No error of assessment (Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997) (see paragraphs 100, 101, 103, 107-111, 115-117) 10. Common foreign and security policy – Restrictive measures against Belarus – Freezing of funds of certain persons and entities in view of the situation in Belarus – Restriction of the right to property and of the freedom to conduct a business, and damage to reputation – No breach of the principle of proportionality (Art. 5(4) TEU; Charter of Fundamental Rights of the European Union, Arts 15, 16 and 17; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002; Council Regulations No 765/2006 and No 2021/997) (see paragraphs 123-131) Operative part The Court: 1. Dismisses the actions in Cases T‑563/21 and T‑564/21; 2. Orders Mr Alexander Zaytsev and Bremino-Grupp TAA to pay the costs. 1 OJ C 490, 6.12.2021.