Information;Judgment — ECLI:EU:T:2023:779
Date: 2023-12-06
Language of the case: French
Court formation: First Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible

summary statement of reasons sufficient (Art. 296 TFEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/329; Council Regulations No 269/2014 and 2022/330) (see paragraphs 28-32, 38-42) 2. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken 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 set of indicia – Error of assessment – None (Charter of Fundamental Rights of the European Union, Art. 47; Council Regulations No 269/2014 and 2022/330) (see paragraphs 44-48, 51, 64, 69, 89) 3. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Leading businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Concept – Need to establish direct links or a relation of interdependence between the person subject to the measures and the Russian Government or its actions undermining the territorial integrity, sovereignty and independence of Ukraine – None (Council Regulations No 269/2014, Art. 3(1)(g), and 2022/330) (see paragraphs 49, 50, 71-73, 82, 84, 87, 88) 4. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken 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 his status as leading businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation – Publicly available documents – Admissibility (Council Regulations No 269/2014 and 2022/330) (see paragraph 54) 5. 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 property rights and freedom of enterprise – Breach of principle of proportionality – None (Art. 21(2)(b) and (c) TEU; Charter of Fundamental Rights of the European Union, Arts 16 and 17; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/429 and (CFSP) 2022/1530, Art. 2(3) and (4); Council Regulations No 269/2014, 2022/427 and 2022/1529, Arts 4(1), 5(1) and 6(1)) (see paragraphs 94, 95, 98-105) Operative part The Court 1. Dismisses the action; 2. Orders Mr Evgeny Borisovich Zubitskiy to bear his own costs and to pay those incurred by the Council of the European Union. 1 OJ C 294, 1.8.2022.