Judgment — ECLI:EU:C:2017:785
Date: 2017-10-19
Language of the case: English
Court formation: Eighth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Judgment of the Court (Eighth Chamber) of 19 October 2017 — Yanukovych v Council (Case C‑599/16 P) (1) (Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name) 1. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Plea alleging distortion of the facts — Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see para. 43) 2. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Ambit of the review — Assessment of whether the investigations relating to the person affected by the decision to freeze funds are well founded — Not included — Assessment, on the basis of the documents on which the decision is based, of whether the decision to freeze funds is well founded — Included (Council Decisions 2015/143/CFSP and 2015/364/CFSP; Council Regulations No 2015/138 and No 2015/357) (see paras 69, 75) Operative part The Court: 1. Dismisses the appeal; 2. Orders Mr Oleksandr Viktorovych Yanukovych to bear his own costs and to pay those incurred by the Council of the European Union; 3. Orders the European Commission to bear its own costs. 1 OJ C 30, 30.1.2017.