Case T‑720/14

Arkady Romanovich Rotenberg

v

Council of the European Union

(Common foreign and security policy — Restrictive measures having regard to actions compromising or threatening Ukraine — Freezing of funds — Restrictions on admission to territory of the Member States — Natural person actively supporting of implementing actions compromising of threatening Ukraine — Physical person benefiting from the Russian decision-makers responsible for the annexation of Crimea — Rights of defence — Obligation to state reasons — Manifest errors of assessment — Right to property — Freedom to conduct a business — Right to respect for private life — Proportionality)

Summary — Judgment of the General Court (Ninth Chamber), 30 November 2016

Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures taken against certain persons and entities in view of the situation in Ukraine — Freezing of funds — Obligation to communicate the reasoning to the person concerned at the same time as the measure adversely affecting him or immediately thereafter — Correction of an error of reasoning during the proceedings before the Court — Not permissible (Art. 296 TFEU; Council Decisions 2014/145/CFSP and 2014/508/CFSP; Council Regulations No 269/2014 and No 826/2014)

Acts of the institutions — Statement of reasons — Obligation — Scope — Restrictive measures taken against certain persons and entities in view of the situation in Ukraine — Freezing of funds — Obligation to communicate the reasoning to the person concerned at the same time as the measure adversely affecting him or immediately thereafter — Limits — Safety of the Union and the Member States or conduct of their international relations — Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken against him — Whether summary statement of reasons sufficient (Art. 296 TFEU; Council Decisions 2014/145/CFSP and 2014/508/CFSP; Council Regulations No 269/2014 and No 826/2014)

Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU)

European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Ambit of the review — Proof the measure well-founded — Obligation on the competent EU authority to establish, in the event of challenge, that the grounds held against the persons or entities concerned well-founded (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2014/145/CFSP and 2014/508/CFSP; Council Regulations No 269/2014 and No 826/2014)

Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Criteria for adopting restrictive measures — Provision of active material or financial support to the Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Eastern Ukraine — Benefit drawn from those decision-makers — Concept — No need to establish a link between the advantages obtained and the annexation of Crimea or the destabilisation of Eastern Ukraine (Council Decisions 2014/145/CFSP and 2014/508/CFSP; Council Regulations No 269/2014 and No 826/2014)

Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Criteria for adopting restrictive measures — Persons responsible for actions or policies compromising or threatening the territorial integrity, sovereignty and independence of Ukraine — Concept — Owner of the company responsible for the construction of a bridge between Russia and Crimea — Person responsible for a campaign designed to persuade Crimean children of their Russian citizenship — Included (Council Decisions 2014/145/CFSP, 2015/432/CFSP, 2015/1524/CFSP and 2016/359/CFSP; Council Regulations No 269/2014, No 427/2015, No 1514/2015, No 353/2016)

EU law — Principles — Rights of defence — Right to be heard — Right to a fair trial and effective judicial protection — Freezing of funds of certain persons and entities having regard to the situation in Ukraine — Said persons and entities not notified of the inculpatory evidence and not given a hearing — Lawfulness — Subsequent decision maintaining the name of the applicant on the list of persons covered by those measures — No infringement of the right to be heard (Art. 6(1) TEU; Charter of Fundamental Rights of the European Union, Arts 41(2)(a), and 47; Council Decisions 2014/145/CFSP, 2015/432/CFSP, 2015/1524/CFSP and 2016/359/CFSP; Council Regulations No 269/2014, No 427/2015, No 1514/2015, No 353/2016)