62024TO0257(01)_INF
Order of the Vice-President of the General Court of 19 July 2024 –Mazepin v Council
(Case T‑257/24 R)
(Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds and economic resources – Application for interim measures – Prima facie case – Urgency – Weighing up of interests)
1.
Interim relief – Suspension of operation of a measure – Conditions for granting – Prima facie case – Prima facie examination of the pleas in law put forward in support of the main action – Action against acts of the Council maintaining the applicant’s name on the asset-freezing lists – Plea relating to an error of assessment by the Council already censured by the General Court by way of the annulment of earlier Council acts based on the same grounds – Plea appearing, prima facie, not unfounded
(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4); Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1767 and (CFSP) 2024/847; Council Regulations No 269/2014, 2023/1765 and 2024/849)
(see paragraphs 21, 22, 25-28)
2.
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Damage suffered as a result of interference, caused by maintaining the applicant’s name on the asset-freezing lists, in the pursuit of his professional career – Non-material damage – Existence of a causal link between the maintenance of the applicant’s name on those lists and the damage alleged – Possibility, in theory, of the applicant resuming his professional career – Harm which cannot be made good by financial compensation
(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4); Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/847; Council Regulations No 269/2014 and 2024/849)
(see paragraphs 29, 35-40, 42, 47, 49)
3.
Interim relief – Suspension of operation of a measure – Conditions for granting – Weighing up of all the interests involved – Restrictive measures taken in view of the situation in Ukraine – Decision to freeze funds – 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 – Overriding nature of the applicant’s interest in negotiating his recruitment, participating in the next motor sport championships and pursuing his professional career as compared with the Council’s interest
(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4); Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2024/847; Council Regulations No 269/2014 and 2024/849)
(see paragraphs 50, 51, 56-65)
Operative part
1.
The operation of Council Decision (CFSP) 2024/847 of 12 March 2024 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, and of Council Implementing Regulation (EU) 2024/849 of 12 March 2024 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, is suspended in so far as the name of Mr Nikita Dmitrievich Mazepin was maintained on the list of persons, entities and bodies covered by those restrictive measures and only to the extent necessary to enable him to negotiate his recruitment as a professional Formula 1 driver or as a driver in other motorsport championships taking place solely or partly in the European Union, as well as to participate in Formula 1 Grand Prix, tests, training sessions and free sessions and in other motorsport championships, races, tests, training sessions and free sessions taking place in the European Union. To that end, Mr Mazepin is authorised only to (i) enter the European Union in order to negotiate and conclude agreements with a race team or with sponsors not linked to the activities of Mr Dmitry Arkadievich Mazepin or to natural or legal persons whose names are included on the lists set out in the annexes to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; (ii) enter the European Union in order to participate as a full, reserve or test driver in Formula 1 championships of the Fédération internationale de l’automobile (FIA) or in other championships, training sessions, tests or free sessions, also with a view to obtaining the renewal of his Super Licence; (iii) enter the European Union in order to undergo the medical examinations required by the FIA or his race team; (iv) enter the European Union in order to follow programmes of medical checks and training sessions, including simulator training; (v) enter the European Union in order to participate in racing, sponsorship and promotion events at the request of his race team or sponsors; (vi) open a bank account in which a salary, bonuses and benefits from his race team can be paid to him; and (vii) use that bank account and a credit card only to cover those costs that enable a professional driver to travel in the European Union, to negotiate and conclude agreements with a race team or with sponsors, to participate in championships, Grand Prix, races, training sessions, tests or free sessions in the Member States of the European Union and to follow a programme of medical checks and training sessions.
2.
Should he be recruited as a Formula 1 driver or as a driver in other motorsport championships taking place solely or partly in the European Union, Mr Mazepin must race under a neutral flag and sign the Driver Commitment required by the FIA for that purpose.
3.
The application for interim measures is dismissed as to the remainder.
4.
The order of 21 May 2024, Mazepin v Council (T‑257/24 R) is cancelled.
5.
The costs are reserved.