Information;Judgment — ECLI:EU:T:2023:701
Date: 2023-11-08
Language of the case: English
Court formation: First Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - 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 No 2022/396) (see paragraphs 25-26, 35, 39) 2. 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 Decision (CFSP) 2022/397; Council Regulations No 269/2014 and 2022/396) (see paragraphs 45-47, 66, 74-76, 93) 3. 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 – Need to establish a link with the Russian regime – None (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 No 2022/396) (see paragraphs 54-57) 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 – Concept of economic sector providing a substantial source of revenue – Economic sector representing an insignificant fiscal contribution in the context of the total tax revenues of the budget of the Russian Federation – Irrelevant (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 No 2022/396) (see paragraphs 75, 79) 5. 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 – Indirect taxes such as VAT – Included (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 No 2022/396) (see paragraph 82) 6. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of the funds of leading businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and of the persons associated with them – Judicial review of legality – Appropriateness of the restrictive measures – Restrictive measures pursuing a legitimate aim of the common foreign and security policy (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and No 2022/396) (see paragraphs 89-92) 7. 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 principle of proportionality –None (Art. 21(2)(b) and (c), TEU; Charter of Fundamental Rights of the European Union, Arts 16, 17 and 52(1); Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and No 2022/396) (see paragraphs 99-110, 113, 116, 119-120) 8. Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of the funds of leading businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and of the persons associated with them – Measures to freeze funds not adopted by the Council in respect of other persons in an identical situation – Breach of the principle of equal treatment – None (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/397; Council Regulations No 269/2014 and No 2022/396) (see paragraphs 126, 129) 9. Judicial proceedings – Measures of organisation of procedure – Measures of inquiry – Discretion of the EU judicature – Scope (Rules of Procedure of the General Court, Arts 88, 91-104) (see paragraph 134) 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. 1 OJ C 257, 4.7.2022.