Judgment of the General Court (Fifth Chamber) of 11 February 2026 – Tokareva v Council
(Case T‑693/25)
( Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Re-inclusion of the applicant’s name on the list – Concept of ‘benefitting from a leading businessperson operating in Russia’ – Article 2(1)(g) of Decision 2014/145/CFSP – Error of assessment – Article 266 TFEU )
1.      European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures adopted 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 body of evidence – No specific, precise and consistent body of evidence – Error of assessment
(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2025/1895; Council Regulations No 269/2014 and 2025/1894)
(see paragraphs 30-33, 39-42)
2.      European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures adopted 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
(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2025/1895; Council Regulations No 269/2014 and 2025/1894)
(see paragraph 34)
3.      Common foreign and security policy – Restrictive measures adopted in view of the situation in Ukraine – Criteria for adopting restrictive measures – Leading businesspersons operating in Russia and their immediate family members or other natural persons benefiting from them – Concept of benefit – Non-negligible benefit of any kind – Benefit granted before the annexation of Crimea – Not included
(Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1094 and 2025/1895, Art. 2(1)(g); Council Regulations No 269/2014 and 2025/1894)
(see paragraphs 36-38)
4.      Action for annulment – Judgment annulling a measure – Effects – Obligation to adopt compliance measures – Scope – Obligation to ensure that the annulled measure is not replaced by a measure affected by the same irregularity – Extension of that obligation to subsequent measures
(Art. 266 TFEU)
(see paragraphs 48-60)
5.      Action for annulment – Judgment annulling a measure – Effects – Limitation by the Court – Restrictive measures adopted in view of the situation in Ukraine – Failure by the Council to take into consideration a number of successive decisions annulling measures – Factor justifying rejection of the application for limitation – No new grounds or any new evidence – Unlawfulness capable of undermining the EU legal order – Rejection
(Arts 2 and 19 TEU; Arts 264 and 266 TFEU)
(see paragraphs 68-70)
Operative part
The Court:
1.
Annuls Council Decision (CFSP) 2025/1895 of 12 September 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and Council Implementing Regulation (EU) 2025/1894 of 12 September 2025 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, in so far as the name of Ms Maya Tokareva was re-included on the list of persons, entities and bodies to which those restrictive measures apply;
2.
Rejects the claim that it order maintenance of the effects of Decision 2025/1895 in so far as concerns the applicant until the partial annulment of Implementing Regulation 2025/1894 took effect;
3.
Orders the Council of the European Union to bear its own costs and to pay those of Ms Tokareva.