Judgment;Information — ECLI:EU:T:2024:433
Date: 2024-07-03
Language of the case: English
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 TFEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/1530, (CFSP) 2023/572, (CFSP) 2023/811 and (CFSP) 2023/1767; Council Regulations No 269/2014, 2022/1529, 2023/571, 2023/806 and 2023/1765) (see paragraphs 65, 66, 77, 78, 81) 4. Common foreign and security policy – Restrictive measures taken in view of 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 – Observance of the principle of proportionality – Compliance with the principle of legal certainty requiring clarity, precision and foreseeability of the effects of legal rules (Art. 21 TEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/329, Arts 1(1)(e) and 2(1)(g); Council Regulations No 269/2014 and 2022/330, Art. 3(1)(g)) (see paragraphs 91-96, 99, 100, 102, 106-112) 5. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Compliance with the principle of legal certainty requiring clarity, precision and foreseeability of the effects of legal rules (Art. 21(2)(c) TEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/1094, Arts 1(1)(e) and 2(1)(g); Council Regulations No 269/2014 and 2023/1089, Art. 3(1)(g)) (see paragraphs 117-120, 125-127, 129) 6. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Meaning – Businesspersons of importance on account of their position or their activities in the economic sector concerned (Art. 21(2)(c) TEU; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/1094, Arts 1(1)(e) and 2(1)(g); Council Regulations No 269/2014 and 2023/1089, Art. 3(1)(g)) (see paragraphs 121-125) 7. 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 – Inclusion on the lists based on a specific, precise and consistent set of indicia – No error of assessment (Art. 21(2)(c) TEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/811; Council Regulations No 269/2014, 2022/1529, 2023/571 and 2023/806) (see paragraphs 134-137, 147, 156, 170, 179) 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 – 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 (Charter of Fundamental Rights of the European Union, Art. 47; Art. 275 TFEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/1530, (CFSP) 2023/572 and (CFSP) 2023/811; Council Regulations No 269/2014, 2022/1529, 2023/571 and 2023/806) (see paragraphs 138, 139, 150) 9. Common foreign and security policy – Restrictive measures taken in view of 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 influence – Holding of 48% of the shares in a company involved in an economic sector providing a substantial source of revenue to the Government of the Russian Federation – Included (Council Decisions 2014/145/CFSP, as amended by Decisions (CFSP) 2023/572 and (CFSP) 2023/811, Arts 1(1)(e) and 2(1)(g); Council Regulations No 269/2014, 2023/571 and 2023/811, Art. 3(1)(g)) (see paragraphs 142, 143, 145, 157, 158, 160) 10. Common foreign and security policy – Restrictive measures taken in view of 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 – Fertiliser sector – Included (Council Decisions 2014/145/CFSP, as amended by Decisions (CFSP) 2023/572 and (CFSP) 2023/811, Arts 1(1)(e) and 2(1)(g); Council Regulations No 269/2014, 2022/330, 2023/571 and 2023/811, Art. 3(1)(g)) (see paragraphs 144, 163, 165-169) 11. Common foreign and security policy – Restrictive measures taken in view of 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 substantial source of revenue – Assessment – Direct and indirect tax contribution made to the State budget by the sector concerned (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329, (CFSP) 2023/572, (CFSP) 2023/811, Arts 1(1)(e) and 2(1)(g); Council Regulations No 269/2014, 2022/330, 2023/571 and 2023/811, Art. 3(1)(g)) (see paragraphs 173-176) 12. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Criteria for adopting restrictive measures – Businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Meanings – No error of assessment (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1094 and (CFSP) 2023/1767, Arts 1(1)(e) and 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), 2023/1089 and 2023/1765, Art. 3(1)(g)) (see paragraphs 189-192) 13. 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 – Whether permissible – Conditions (Charter of Fundamental Rights of the European Union, Arts 16, 17 and 52(1); Council Decision 2014/145/CFSP; Council Regulation No 269/2014) (see paragraphs 199-202) 14. 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 – No breach of the principle of proportionality (Charter of Fundamental Rights of the European Union, Arts 16, 17 and 52(1); Council Decision 2014/145/CFSP; Council Regulation No 269/2014) (see paragraphs 204-209, 212-216) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Dmitry Arkadievich Mazepin to bear his own costs and to pay those incurred by the Council of the European Union; 3. Orders the Republic of Latvia to bear its own costs.