Judgment — ECLI:EU:T:2016:48
Date: 2016-01-28
Language of the case: German
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - successful;Action for annulment - inadmissible

Judgment of the General Court (Ninth Chamber) of 28 January 2016 — Azarov v Council (Case T‑332/14) Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified 1. Actions for annulment — Interest in bringing proceedings — Interest to be assessed at the time at which an action is brought — Action against an act imposing restrictive measures on the applicant — Repeal of the contested act in the course of the proceedings — Declaration that no need to adjudicate — Inadmissibility — Applicant maintaining an interest in obtaining recognition that the contested act unlawful (Art. 263 TFEU; Council Decision 2014/119/CFSP, as amended by Decision 2014/216/CFSP; Council Regulation No 208/2014, as amended by Regulation No 381/2014) (see paras 26-29) 2. 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 competent EU authority to establish, in the event of challenge, that the grounds held against the persons or entities concerned well-founded (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/119/CFSP, as amended by Decision 2014/216/CFSP; Council Regulation No 208/2014, as amended by Regulation No 381/2014) (see paras 38-54) 3. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Decision to freeze funds — Judicial review of legality — Scope — Provision of general scope referring to an individual restrictive measure — Inclusion (Art. 29 TEU; Art. 275, second para., TFEU; Council Decision 2014/119/CFSP, Art.1(1), as amended by Decision 2015/143/CFSP) (see paras 57, 58) 4. Judicial proceedings — Measures repealing and replacing the contested measure in the course of proceedings — Application to amend pleas for annulment formulated in the course of the proceedings — Person concerned not affected directly and individually — Inadmissibility (Council Decision 2014/119/CFSP, as amended by Decision 2015/143/CFSP; Council Regulation No 208/2014, as amended by Regulation No 2015/138) (see paras 59, 60) Re: APPLICATION for annulment, first, of 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) and, secondly, of Council Implementing Decision 2014/216/CFSP of 14 April 2014 implementing Decision 2014/119 (OJ 2014 L 111, p. 91), of Council Implementing Regulation (EU) No 381/2014 of 14 April 2014 implementing Regulation No 208/2014 (OJ 2014 L 111, p. 33), of Council Decision (CFSP) 2015/143 of 29 January 2015 amending Decision 2014/119 (OJ 2015 L 24, p. 16) and of Council Regulation (EU) 2015/138 of 29 January 2015 amending Regulation No 208/2014 (OJ 2015 L 24, p. 1), in so far as they concern the applicant. Operative part The Court: 1. Annuls 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, as amended by Council Implementing Decision 2014/216/CFSP of 14 April 2014 implementing Decision 2014/119, and 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, as amended by Council Implementing Regulation (EU) No 381/2014 of 14 April 2014 implementing Regulation No 208/2014, in so far as they concern Mr Oleksii Mykolayovych Azarov; 2. Dismisses the action as to the remainder; 3. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Azarov in relation to the claim for annulment made in the application; 4. Orders Mr Azarov to bear his own costs and to pay those incurred by the Council in relation to the claim for annulment made in the statement modifying the form of order sought; 5. Orders the European Commission to bear its own costs.