Judgment;Information — ECLI:EU:T:2024:905
Date: 2024-12-18
Language of the case: French
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, 2nd para., TFEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/432 and (CFSP) 2024/847, Annex; Council Regulations No 269/2014, Annex I, 2023/429 and No 2024/849) (see paragraphs 63-72) 3. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Breach of the principle of proportionality – None (Art. 5(4) TEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329, (CFSP) 2022/432, (CFSP) 2023/1094 and (CFSP) 2023/847, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), 2022/330, 2022/429, 2023/1089 and 2023/849) (see paragraphs 84-91, 142-145) 4. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Principle of non-discrimination – Scope ratione materiae – Entity or body established in a third State – Not included – Infringement of the principle of non-discrimination – None Art. 18, first para. TFEU; Charter of Fundamental Rights of the European Union, Art. 21(2); Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329, (CFSP) 2023/432, (CFSP) 2023/1094 and (CFSP) 2024/847, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), 2022/330, 2023/429, 2023/1089 and 2024/849) (see paragraphs 92-96, 162) 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 – Inclusion of the applicant on the list annexed to the contested decision on account of it being an entity or body involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Publicly available documents – Probative value – Principle of the unfettered evaluation of evidence (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/432 and (CFSP) 2024/847; Council Regulations No 269/2014, 2023/429 and 2024/849) (see paragraphs 105-107) 6. 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 – Error of assessment – None (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/432 and (CFSP) 2024/847; Council Regulations No 269/2014, 2023/429 and 2024/849) (see paragraphs 110, 111, 118-122) 7. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Concept of economic sector providing a substantial source of revenue – Banking sector – Included (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329, (CFSP) 2022/432, (CFSP) 2023/1094 and (CFSP) 2023/847, Art. 2(1)(g); Council Regulation No 269/2014, Art. 3(1)(g), 2022/330, 2022/429, 2023/1089 and 2023/849) (see paragraphs 112-116) 8. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Freezing of funds of certain persons and entities in view of the situation in Ukraine – Application in derogation seeking the unblocking of certain funds – Discretion of the competent national authority (Council Decision 2014/145/CFSP; Council Regulation No 269/2014) (see paragraph 148) 9. Action for annulment – Pleas in law – Action brought against a decision of the Council giving rise to restrictive measures – Plea alleging an infringement of the right to property of a third party – No possibility for the entity concerned by the restrictive measures to rely on its clients’ right to property (Art. 263 TFEU) (see paragraph 156) 10. Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Freezing of funds of persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Restrictive measures not adopted by the Council against other persons, entities or bodies in an identical situation – Breach of the principle of equal treatment – None (Charter of Fundamental Rights of the European Union, Art. 21(2); Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/432 and (CFSP) 2024/847; Council Regulations No 269/2014, 2023/429 and 2022/849) (see paragraph 163) Operative part The Court: 1. Dismisses the action; 2. Orders Tinkoff Bank to pay the costs.