Judgment — ECLI:EU:T:2018:332
Date: 2018-06-06
Language of the case: French
Court formation: Sixth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible

summary statement of reasons sufficient — Limits — Statement of reasons not capable of consisting of a general and stereotyped formulation (Art. 296, second para. TFEU; Council Decisions 2014/119/CFSP, (CFSP) 2015/364, (CFSP) 2015/876, (CFSP) 2016/318 and (CFSP) 2017/381; Council Regulations No 208/2014, 2015/357, 2015/869, 2016/311 and 2017/374) (see paras 72-75, 78) 3. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures taken having regard to the situation in Ukraine — Obligation to disclose individual and specific grounds for the decisions adopted — Obligation to enable the person concerned effectively to put forward his point of view on the grounds held against him (Art. 296 TFEU; Council Decisions 2014/119/CFSP, (CFSP) 2015/364, (CFSP) 2015/876, (CFSP) 2016/318 and (CFSP) 2017/381; Council Regulations No 208/2014, 2015/357, 2015/869, 2016/311 and 2017/374) (see paras 76, 77, 153) 4. Actions for annulment — Pleas in law — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU) (see para. 79) 5. EU law — Principles — Rights of defence — Right to effective judicial protection — Restrictive measures against Ukraine — Freezing of funds of persons involved in the misappropriation of public funds — Duties of the Council — Communication to the person concerned of inculpatory evidence and the right to be heard — Scope (Charter of Fundamental Rights of the European Union, Arts 41(2) and 47; Council Decisions 2014/119/CFSP, (CFSP) 2015/364, (CFSP) 2015/876, (CFSP) 2016/318 and (CFSP) 2017/381; Council Regulations No 208/2014, 2015/357, 2015/869, 2016/311 and 2017/374) (see paras 95-97) 6. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Ambit of the review — Proof the measure well-founded — Obligation on the Council systematically to verify evidence submitted by the authorities of a non-Member country — None (Art. 6(1), first para. TEU; Charter of Fundamental Rights of the European Union, Arts 41, 47 and 51(1); Council Decisions 2014/119/CFSP, (CFSP) 2015/364, (CFSP) 2015/876, (CFSP) 2016/318 and (CFSP) 2017/381; Council Regulations No 208/2014, 2015/357, 2015/869, 2016/311 and 2017/374) (see paras 149-151, 154, 157-159, 161-165, 197-199, 205) 7. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds — Assessment of the legality by reference to the information available at the time of adoption of the decision (Art. 263 TFEU; Council Decisions 2014/119/CFSP, (CFSP) 2015/364, (CFSP) 2015/876, (CFSP) 2016/318 and (CFSP) 2017/381; Council Regulations No 208/2014, 2015/357, 2015/869, 2016/311 and 2017/374) (see para. 192) 8. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds — Restriction of the right to property and the free exercise of an economic activity — Conditions — Breach of principle of proportionality — None (Art. 21(2) TEU; Charter of Fundamental Rights of the European Union, Arts 17(1) and 52(1); Council Decisions 2014/119/CFSP, (CFSP) 2015/364, (CFSP) 2015/876, (CFSP) 2016/318 and (CFSP) 2017/381; Council Regulations No 208/2014, 2015/357, 2015/869, 2016/311 and 2017/374) (see paras 220-222, 225, 226, 229) Re: Application pursuant to Article 263 TFEU seeking annulment of (i) Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26) and of Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 1), (ii) Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119 (OJ 2015 L 62, p. 25) and Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation (EU) No 208/2014 (JO 2015 L 62, p. 1) (iii) Council Decision (CFSP) 2015/876 of 5 June 2015 amending Decision 2014/119 (JO 2015 L 142, p. 30) and Council Implementing Regulation (EU) 2015/869 of 5 June 2015 implementing Regulation No 208/2014 (OJ 2015 L 142, p. 1) (iv) Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119 (OJ 2016 L 60, p. 76) and Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation No 208/2014 (OJ 2016 L 60, p. 1), and (v) Council Decision (CFSP) 2017/381 of 3 March 2017 amending Decision 2014/119 (OJ 2017 L 58, p. 34), and Council Implementing Regulation (EU) 2017/374 of 3 March 2017 implementing Regulation No 208/2014 (OJ 2017 L 58, p. 1), in so far as the applicant’s name was included or maintained in the list of persons, entities and bodies subject to those restrictive measures. Operative part The Court: 1. Dismisses the action; 2. Orders Olena Lukash to bear the costs.