Judgment;Information — ECLI:EU:T:2024:311
Date: 2024-05-15
Language of the case: English
Court formation: First Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary of reasons for the adoption of the Contested Acts (to the extent that they concern or apply to the applicant); the defendant never disclosed to the applicant the evidence relied on as the basis of its decision to adopt the Contested Acts and never gave the applicant the opportunity to make comments and defend its rights. Third plea in law, alleging infringement in the form of disproportionate restriction of the applicant’s fundamental right to conduct a business. In adopting the Contested Acts, the Council infringed the applicant’s fundamental right to conduct a business in that: the Contested Acts significantly restrict the applicant’s freedom to conduct a business; the Contested Acts impair the essence of the fundamental right enshrined in Article 16 of the Charter of the Fundamental Rights of the European Union; the Council’s failure to comply with its legal obligations (including its obligation to give reasons and disclose the evidence on which the Contested Acts were based) makes it impossible for the Court to assess and determine whether the relevant restrictive measures are (a) necessary and genuinely meet the pursued objectives of general interest; and (b) proportionate to the objective pursued; in any event the restrictive measures in question are not necessary and do not genuinely meet the pursued objective as the applicant’s activities and the projects co-financed by the applicant do not contribute to the “military aggression against Ukraine” or finance, enable or assist the actions of the Russian armed forces in Ukraine. ____________ 1 OJ 2022 L 63, p. 5. 1 OJ 2022 L 63, p. 1.