Judgment;Information — ECLI:EU:T:2022:674
Date: 2022-10-26
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - successful

Judgment of the General Court (Fifth Chamber) of 26 October 2022 – Ovsyannikov v Council (Case T‑714/20) (1) (Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening Ukraine – Freezing of funds – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Error of assessment) 1. Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds of certain persons and entities having regard to the situation in Ukraine – Action for annulment of a person subject to a decision to freeze funds – Allocation of the burden of proof – Judicial review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2020/1269, 2021/448, 2021/1470, 2022/411; Regulations No 269/2014, 2020/1267, 2021/446, 2021/1464 and 2022/408) (see paragraphs 62-66, 73) 2. Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Criteria for adopting restrictive measures – Persons responsible for actions or policies compromising or threatening the territorial integrity, sovereignty and independence of Ukraine – Error of assessment (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2020/1269, 2021/448, 2021/1470, 2022/411; Regulations No 269/2014, 2020/1267, 2021/446, 2021/1464 and 2022/408) (see paragraphs 67, 69, 70, 98, 99) 3. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken having regard to 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 – 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 Ukraine – Changes in the applicant’s situation (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2020/1269, 2021/448, 2021/1470, 2022/411; Regulations No 269/2014, 2020/1267, 2021/446, 2021/1464 and 2022/408) (see paragraphs 77, 78) 4. Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds of certain persons and entities having regard to the situation in Ukraine – Action for annulment of a person subject to a decision to freeze funds – Allocation of the burden of proof – Decision based on the presumption of links with the Russian regime – Whether permissible – Conditions – Obligation to adduce sufficiently probative evidence of the persistence of such links (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2020/1269, 2021/448, 2021/1470, 2022/411; Regulations No 269/2014, 2020/1267, 2021/446, 2021/1464 and 2022/408) (see paragraphs 85, 88-93) 5. Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Criteria for adopting restrictive measures – Persons responsible for actions or policies compromising or threatening the territorial integrity, sovereignty and independence of Ukraine – Council’s obligation to carry out an updated assessment in the course of the review of the restrictive measures – Evidence to the contrary – Change in the specific situation of the person covered by the restrictive measures – Position in respect of disassociation from the Russian regime – Unnecessary – Error of assessment (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2020/1269, 2021/448, 2021/1470, 2022/411; Regulations No 269/2014, 2020/1267, 2021/446, 2021/1464 and 2022/408) (see paragraphs 96, 97) Operative part The Court: 1. Annuls Council Decision (CFSP) 2020/1269 of 10 September 2020 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Implementing Regulation (EU) 2020/1267 of 10 September 2020 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Decision (CFSP) 2021/448 of 12 March 2021 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Implementing Regulation (EU) 2021/446, of 12 March 2021, implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Decision (CFSP) 2021/1470 of 10 September 2021 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Implementing Regulation (EU) 2021/1464 of 10 September 2021 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Decision (CFSP) 2022/411 of 10 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, and Council Implementing Regulation (EU) 2022/408 of 10 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, in so far as the name of Mr Dmitry Vladimirovich Ovsyannikov was maintained on the list of persons, entities and bodies to which those restrictive measures apply. 2. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Ovsyannikov, including those relating to the interlocutory proceedings. 1 OJ C 44, 8.2.2021.