Judgment — ECLI:EU:T:2016:672
Date: 2016-11-23
Language of the case: French
Court formation: First Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

Judgment of the General Court (First Chamber) of 23 November 2016 — Ipatau v Council (Joined Cases T‑694/13 and T‑2/15) (Common Foreign and Security Policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Restrictions on the entry into and transit through European Union territory — Retention of the applicant’s name on the list of persons concerned — Rights of the defence — Obligation to state reasons — Error of assessment — Proportionality) 1. Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds — Rights of defence — Notification of inculpatory evidence — Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures — No new grounds — No infringement of the right to be heard (Council Decisions 2013/534/CFSP and 2014/750/CFSP; Council Regulations No 1054/2013 and No 1159/2014) (see paras 47-51, 59, 60) 2. Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures against Belarus — Freezing of funds of certain persons and entities having regard to the situation in Belarus — Minimum requirements (Art. 296 TFEU; Council Decisions 2013/534/CFSP and 2014/750/CFSP; Council Regulations No 1054/2013 and No 1159/2014) (see paras 66-70) 3. Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU) (see para. 76) 4. 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 having regard to the situation in Belarus — Ambit of the review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2013/534/CFSP and 2014/750/CFSP; Council Regulations No 1054/2013 and No 1159/2014) (see para. 85) 5. EU law — Principles — Proportionality — Whether a measure proportionate to its aim — Criteria for assessment (see para. 101) Re: APPLICATION on the basis of Article 263 TFEU seeking the annulment of Council Decision 2013/534/CFSP of 29 October 2013 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus (OJ 2013 L 288, p. 69), Council Implementing Regulation (EU) No 1054/2013 of 29 October 2013 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2013 L 288, p. 1), Council Decision 2014/750/CFSP of 30 October 2014 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus (OJ 2014 L 311, p. 39) and Council Implementing Regulation (EU) No 1159/2014 of 30 October 2014 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2014 L 311, p. 2), in so far as they concern the applicant. Operative part The Court: 1. Dismisses the actions; 2. Orders Mr Vadzim Ipatau to pay the costs.