Information;Judgment — ECLI:EU:T:2025:1083
Date: 2025-12-03
Language of the case: French
Court formation: First Chamber
Procedure: Action for annulment;Action for damages

summary statement of reasons sufficient (Art. 29 TEU; Arts 215 and 296 TFEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/847, Art. 2(1)(a), (d) and (g), annex; Council Regulations No 269/2014, Annex I, and 2024/849) (see paragraphs 29-41) 2. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Freezing of funds – Rights of the defence – Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures – Disclosure by the Council to the person concerned of new evidence taken into account during the periodic review of the restrictive measures – Duty to act within a reasonable time – No infringement of the right to be heard (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/847, annex; Council Regulations No 269/2014, Annex I, and 2024/849) (see paragraphs 45-49, 53-59) 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 – Inclusion on the lists based on a specific, precise and consistent body of evidence – No error of assessment (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/847, annex; Council Regulations No 269/2014, Annex I, and 2024/849) (see paragraphs 64-67, 93-98, 102) 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 applicant’s name on the list annexed to the contested decision– Documents available to the public – Probative value – Principle of the unfettered evaluation of evidence (Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2024/847, annex; Council Regulations No 269/2014, Annex I, and No 2024/849) (see paragraphs 68-70, 79) 5. 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 – Breadth of the discretion of that competent authority – Council’s obligation to carry out an updated assessment in the course of the review of the restrictive measures – Relevance of evidence produced on the basis of a previous inclusion where there are no amendments to the grounds for inclusion or changes in the applicant’s situation or in the context in Ukraine (Council Decision 2014/145/CFSP, as amended by Council Decision (CFSP) 2024/847, annex; Council Regulations No 269/2014, Annex I, and No 2024/849) (see paragraphs 71-73, 88, 89) 6. Common foreign and security policy – Restrictive measures adopted 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 benefiting from those decision-makers, and natural or legal persons, entities or bodies associated with them – Concept of supporting, materially or financially – Requirement that support be quantitatively or qualitatively important – No need to establish a link between that support and the annexation of Crimea or the destabilisation of Ukraine (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/847, Art. 2(1)(d); Council Regulations No 269/2014, Art. 3(1)(d), and 2024/849) (see paragraphs 83, 99) 7. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Persons, entities or bodies supporting, materially or financially, or benefiting from Russian decision-makers or the Government of the Russian Federation – Concepts of decision-makers and Government of the Russian Federation – Senior officials – Included (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/1530, Art. 2(1)(d); Council Regulations No 269/2014 and 2022/1529, Art. 3(1)(d)) (see paragraph 84) 8. Common foreign and security policy – Restrictive measures adopted 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 respect for private life, the right to property, and the right to free movement within the European Union – 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 21(2) and 29 TEU; Arts 20(2)(a) and 21(1) TFEU; Charter of Fundamental Rights of the European Union, Arts 7, 17, 45(1) and 52(1); Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/847, Art. 1(6), annex; Council Regulations No 269/2014, Annex I, and 2024/849; European Parliament and Council Directive 2004/38/EC) (see paragraphs 112-122, 130-137, 141-143) 9. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Freezing of funds – Obligations to report funds and to cooperate with the competent national authorities – Infringement of those obligations – Penalties – Confiscation of the proceeds of infringements – Different subject matter from that of the restrictive measures freezing funds and economic resources (Council Regulations No 269/2014, Arts 2(1), 9(2) and 15(1), 2022/880 and 2022/1273; European Parliament and Council Directive (EU) 2024/1226) (see paragraph 129) 10. Non-contractual liability – Conditions – Actual and certain damage – Burden of proof – Damage arising from damage to reputation on inclusion of the name on the lists of persons to whom restrictive measures apply – Requirement not met (Art. 340, second para., TFEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/847, annex; Council Regulations No 269/2014, Annex I, and 2024/849) (see paragraphs 151-155) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Gennady Nikolayevich Timchenko to bear his own costs and to pay those incurred by the Council of the European Union.