Information;Judgment — ECLI:EU:T:2023:500
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

summary statement of reasons sufficient (Art. 296, second para., TFEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572; Council Regulations No 269/2014, No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 47, 48, 57) 2. EU law – Principles – Rights of the defence – Right to effective judicial protection – Restrictive measures taken having regard to the situation in Ukraine – No right to a prior formal hearing – No infringement of the right to be heard (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572; Council Regulations No 269/2014, No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 61, 62) 3. 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 Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572; Council Regulations No 269/2014, No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 66-68, 86-90, 101-103, 107, 108) 4. 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 Russia and persons associated with them – Concept of influence – Need to establish a link with the Russian regime – Absence (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 78-83) 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 Russia and persons associated with them – Concept of ‘economic sector providing a substantial source of revenue’ – Economic sector which does not provide a substantial source of revenue to the Government of the Russian Federation – Irrelevant (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g), No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 105, 109) 6. 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 – 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 – Absence (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572; Council Regulations No 269/2014, No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 113-115) 7. Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Scope – Leading businesspersons involved in economic sectors providing a substantial source of revenue to the Government of Russia and persons associated with them – Concept – Persons previously involved – Conditions – No error of assessment (Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/572, Art. 2(1)(g); Council Regulations No 269/2014, Art. 3(1)(g) and No 2023/571) (see paragraphs 117-125) 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 Russia and persons associated with them – Non-adoption by the Council of restrictive measures against non-Russian businessmen – Breach of the principle of equal treatment – Absence (Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572; Council Regulations No 269/2014, No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 135, 137-140) 9. 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 Russia and 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 Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572; Council Regulations No 269/2014, Art. 3(1)(g), No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 141-150) 10. 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 – Breach of principle of proportionality – Absence (Charter of Fundamental Rights of the European Union, Arts 7, 16 and 17; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/429, (CFSP) 2022/1530 and (CFSP) 2023/572; Council Regulations No 269/2014, No 2022/427, No 2022/1529 and No 2023/571) (see paragraphs 154-167) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Tigran Khudaverdyan to bear his own costs and to pay those incurred by the Council of the European Union. 1 OJ C 284, 25.7.2022.