Information;Judgment — ECLI:EU:T:2023:283
Date: 2023-05-24
Language of the case: French
Court formation: Fifth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment - unfounded

summary statement of reasons sufficient – Infringement – None (Art. 296 TFEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and 2021/997, Annex) (see paragraphs 17-27) 2. European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Belarus – Freezing of funds of certain persons and entities having regard to the situation in Belarus – Scope of the review – 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 – Proof that the measure is well founded – Factual basis – Specific, precise and consistent information (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and 2021/997, Annex) (see paragraphs 38-41, 56, 60, 62, 63) 3. Common foreign and security policy – Restrictive measures against Belarus – Criteria for adopting restrictive measures – Persons, entities and bodies responsible for serious violations of human rights, repression of civil society or democratic opposition, or undermining democracy or the rule of law – Inclusion of the applicant’s name on the list annexed to the contested decision by reason of his or her office – Evidence to the contrary – Lack of position taken disassociating herself from the acts adopted by the Parliamentary Commission of the laws of Belarus – Error of assessment – Absence (Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Art. 3(1)(a) and Art. 4(1)(a), and Annex; Council Regulations No 765/2006, Art. 2(4) and (5), and 2021/997, Annex) (see paragraphs 44-48, 68-70) 4. Common foreign and security policy – Restrictive measures against Belarus – Freezing of funds of certain persons and entities having regard to the situation in Belarus – Restriction on the right of residence and of free movement within the European Union – Restrictive measures pursuing a legitimate aim of the common foreign and security policy – No breach of principle of proportionality (Art. 21(2)(B), TFEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Arts 3(6), 5 and 8; Council Regulations No 765/2006, Arts 3 and 8a, (4), and 2021/997) (see paragraphs 75-84, 89) Operative part The Court: 1. Dismisses the action. 2. Orders Ms Sviatlana Lyubetskaya to bear, in addition to her own costs, those incurred by the Council of the European Union. 1 OJ C 11, 10.1.2022.