Information;Judgment — ECLI:EU:T:2025:995
Date: 2025-10-29
Language of the case: French
Court formation: Fifth Chamber
Procedure: Action for annulment;Action for damages

summary statement of reasons sufficient (Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2024/1242 and (CFSP) 2025/824, Arts 1(1)(a)(i) and (b) and 2(1)(a)(i) and (b); Council Regulations 2023/888, Art. 2(3)(a)(i) and (b), 2024/1243 and 2025/817) (see paragraphs 37-47) 4. Common foreign and security policy – Restrictive measures taken in view of the situation in Moldova – Decision to freeze funds – Judicial review of legality – Scope – Provision of general scope concerning an individual restrictive measure – Inclusion by way of a plea of illegality (Art. 29 TEU; Arts 275 and 277 TFEU; Council Decision (CFSP) 2023/891, Arts 1(1)(a)(i) and 2(1)(a)(i); Council Regulations 2023/888, Art. 2(3)(a)(i)) (see paragraphs 53-56) 5. Acts of the institutions – Choice of legal basis – Acts concerning the adoption of restrictive measures in view of the situation in Moldova – Ban on entry and transit, and freezing of funds of persons obstructing or undermining the democratic political process – Article 29 TEU and Article 215(2)TFEU – Whether permissible (Arts 3(5), 21(2)(b), 23, 24 and 29 TEU; Art. 215(2) TFEU; Council Decision (CFSP) 2023/891, Arts 1(1)(a)(i) and 2(1)(a)(i); Council Regulation 2023/888, Art. 2(3)(a)(i)) (see paragraphs 61-70) 6. Common foreign and security policy – Restrictive measures taken in view of the situation in Moldova – Legal basis – Restrictive measures provided for by a decision and a regulation adopted, respectively, on the basis of Article 29 TEU and Article 215 TFEU – Power of the Council to adopt restrictive measures designed to support the rule of law in an EU candidate country (Arts 21(2)(b) and 29 TEU; Art. 215(2) TFEU; Council Decision (CFSP) 2023/891, Arts 1(1)(a)(i) and 2(1)(a)(i); Council Regulation 2023/888, Art. 2(3)(a)(i)) (see paragraph 73) 7. Common foreign and security policy – Restrictive measures taken in view of the situation in Moldova – Criteria for adopting restrictive measures – Person, entity or body obstructing or undermining the democratic political process – Compliance with the principle of legal certainty requiring clarity, precision and foreseeability of the effects of legal rules – Precautionary nature of the measures in question (Art. 275, second para., TFEU; Council Decision (CFSP) 2023/891, Arts 1(1)(a)(i) and 2(1)(a)(i); Council Regulation 2023/888, Art. 2(3)(a)(i)) (see paragraphs 88-93) 8. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken in view of the situation in Moldova – Scope of the review – Inclusion of the applicant on the list annexed to the contested decision on account of his responsibility for actions or policies undermining or threatening the sovereignty and independence of the Republic of Moldova – Publicly available documents – Probative value – Principle of the unfettered evaluation of evidence (Council Decision (CFSP) 2023/891, as amended by Decision (CFSP) 2024/1242; Council Regulations 2023/888 and 2024/1243) (see paragraphs 106-122) 9. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken in view of the situation in Moldova – 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 – Error of assessment – None (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2024/1242 and (CFSP) 2025/824, Arts 1(1)(a)(i) and 2(1)(a)(i); Council Regulations 2023/888, 2024/1243 and 2025/817) (see paragraphs 123-128, 136-142, 144-147, 164, 167-169, 171, 172, 177, 181-184, 187, 188, 193, 196, 197, 202, 208-210) 10. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken in view of the situation in Moldova – 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 – 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 Moldova – Changes in the applicant’s situation – None (Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2024/1242 and (CFSP) 2025/824, Arts 1(1)(a)(i) and 2(1)(a)(i) and (3) and (4); Council Regulations 2023/888, Arts 3(1), 4(2), 5(1) and 6(1), 2024/1243 and 2025/817) (see paragraphs 129-131, 143, 190, 191) 11. Common foreign and security policy – Restrictive measures taken in view of the situation in Moldova – Ban on entry and transit, and freezing of funds of persons obstructing or undermining the democratic political process – Restriction of the right to property, freedom of enterprise, freedom of expression and freedom of association – Whether permissible – Conditions – Restriction laid down by law – Respect for the essence of the right invoked – Pursuit of a 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 11, 12, 16 and 17; Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2024/1242 and (CFSP) 2025/824, Arts 1(1)(a)(i) and 2(1)(a)(i) and (3) and (4); Council Regulations 2023/888, Arts 3(1), 4(2), 5(1) and 6(1), 2024/1243 and 2025/817) (see paragraphs 213-222) Operative part The Court: 1. Dismisses the action; 2. Orders Mrs Arina Evgheni Corşicova to pay the costs.