Judgment;Information — ECLI:EU:T:2023:499
Date: 2023-09-06
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 damages - unfounded

summary statement of reasons sufficient (Art. 296 TFEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and 2022/396) (see paragraphs 25, 26, 29-33, 35) 2. 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 – Inclusion on the lists based on a specific, precise and consistent set of indicia – No error of assessment (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and 2022/396) (see paragraphs 41-43, 47, 52-56, 58-62, 75-78, 83, 88) 3. Common foreign and security policy – Restrictive measures taken having regard to 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 of economic sector providing a substantial source of revenue (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), and 2022/396) (see paragraph 63) 4. 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 – Assessment of the legality by reference to the information available at the time of adoption of the decision (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and 2022/396) (see paragraphs 67, 68) 5. Common foreign and security policy – Restrictive measures taken having regard to 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 of association – Common interests – Link going beyond a family relationship (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), and 2022/396) (see paragraph 74) 6. 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 – Restriction on the right to respect for private and family life, the right to property and the right to conduct a business – No breach of the principle of proportionality (Charter of Fundamental Rights of the European Union, Arts 7, 16, 17, and 52(1); Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and 2022/396) (see paragraphs 94, 99-108, 112) 7. Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds of leading businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Judicial review of legality – Sufficiently clear and precise measures – Compliance with the principle of legal certainty requiring clarity, precision and foreseeability of the effects of legal rules (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and 2022/396) (see paragraphs 116-125) 8. Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds of leading businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Measures to freeze funds not adopted by the Council in respect of other persons in an identical situation – No breach of the principle of equal treatment (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and 2022/396) (see paragraphs 126-129) 9. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Cumulative conditions – One of the conditions not satisfied – Action for damages dismissed in its entirety (Art. 340, second para., TFEU) (see paragraphs 134-136) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Alexander Dmitrievich Pumpyanskiy 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 257, 4.7.2022.