Information;Judgment — ECLI:EU:T:2024:56
Date: 2024-02-07
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, second para., TFEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/337 and (CFSP) 2023/572; Council Regulations No 269/2014, 2022/336 and 2023/571) (see paragraphs 96-100, 105) 8. 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 supporting or implementing actions or policies compromising or threatening the territorial integrity, sovereignty and independence of Ukraine – Publicly available documents – Admissibility (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/337 and (CFSP) 2023/572; Council Regulations No 269/2014, 2022/336 and 2023/571) (see paragraphs 117, 118, 127-129) 9. 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 – Error of assessment – None (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/337 and (CFSP) 2023/572; Council Regulations No 269/2014, 2022/336 and 2023/571) (see paragraphs 131-133, 141, 152, 155) 10. 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 – 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 – None (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/337 and (CFSP) 2023/572; Council Regulations No 269/2014, 2022/336 and 2023/571) (see paragraphs 156-158, 163-165, 167-170) 11. 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 the principle of proportionality – None (Charter of Fundamental Rights of the European Union, Arts 16 and 17; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/337 and (CFSP) 2023/572; Council Regulations No 269/2014, 2022/336 and 2022/571) (see paragraphs 180-192) 12. 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 – Judicial review of legality – Principle of proportionality – Appropriateness of the restrictive measures – Restrictive measures pursuing a legitimate aim of the common foreign and security policy (Art. 21 TEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/337 and (CFSP) 2023/572; Council Regulations No 269/2014, 2022/336 and 2023/571) (see paragraphs 202-205) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Alisher Usmanov to pay the costs, including those relating to the interim proceedings. 1 OJ C 257, 4.7.2022.