Judgment;Information — ECLI:EU:T:2024:372
Date: 2024-06-12
Language of the case: Spanish
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 TFEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/265, (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/260, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 45-47, 55-58) 2. Acts of the institutions – Statement of reasons – Obligation – Scope – Restrictive measures taken in view of the situation in Ukraine – Restrictions on access to the EU capital market – Obligation to identify in the statement of reasons the specific and concrete elements justifying that measure – Decision falling within a context known to the person concerned, enabling him or her to understand the scope of the measure taken against him or her – Whether summary statement of reasons sufficient (Art. 296 TFEU; Council Decision 2014/512/CFSP, as amended by Decisions (CFSP) 2022/346, (CFSP) 2022/1313, (CFSP) 2023/191 and (CFSP) 2023/1517; Council Regulations No 833/2014, 2022/345, 2022/1269, 2023/2474 and 2023/1214) (see paragraphs 70-76, 79-82) 3. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Legal persons, entities or bodies materially or financially supporting actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, and natural or legal persons, entities or bodies associated with them – Inclusion on the lists based on a body of specific, precise and consistent evidence – No error of assessment (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/265, (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/260, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 109-119) 4. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Natural or legal persons, entities or bodies providing material or financial support to Russian decision-makers or benefitting from those decision-makers, and natural or legal persons, entities or bodies associated with them – Concept of benefitting from Russian decision-makers – No need to establish a link between the advantages obtained and the annexation of Crimea or the destabilisation of Eastern Ukraine (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2021/2196, Art. 2(1)(d); Council Regulations No 269/2014, Art. 3(1)(d) and 2021/2193) (see paragraphs 121-123) 5. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Natural or legal persons, entities or bodies providing material or financial support to Russian decision-makers or benefitting from those decision-makers, and natural or legal persons, entities or bodies associated with them – Inclusion on the lists based on a body of specific, precise and consistent evidence – No error of assessment (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/265, (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/260, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 124-129) 6. 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 – 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) 2022/265, (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/260, 2022/1529, 2023/571 and 2023/1765) (see paragraphs 149-153, 159-162) Operative part The Court: 1. Dismisses the action; 2. Orders State Development Corporation ‘VEB.RF’ to bear its own costs and to pay those incurred by the Council of the European Union; 3. Orders the European Commission to pay its own costs.