Judgment of the General Court (Sixth Chamber) of 11 July 2019 –

Pshonka v Council

(Case T‑289/18)

(Common foreign and security policy — Restrictive measures adopted with regard to the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation on the Council to check that the decision of an authority of a third State was taken in observance of the rights of the defence and of the right to effective judicial protection)

1. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Ambit of the review (Art. 275, second para. TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2018/333; Council Regulation 2018/326) (see paras 41, 42)

2. Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Decision to freeze funds — Adoption or maintenance on the basis of judicial proceedings brought by the authorities of a third State in relation to the misappropriation of public funds — Lawfulness — Condition — National decision adopted in accordance with the rights of the defence and the right to effective judicial protection — Council’s verification obligation — Obligation to state reasons — Scope — Third State that has acceded to the European Convention on Human Rights — Irrelevant (Art. 6(3) TEU; Council Decision (CFSP) 2018/333; Council Regulation 2018/326) (see paras 44-48)

3. Judicial proceedings — Introduction of new pleas during the proceedings — Conditions — Pleas based on matters which have come to light in the course of the procedure — New matter of law — Case-law providing clarifications unknown by the applicant at the time of bringing his action — Included (Art. 263 TFEU; Rules of Procedure of the Court of Justice, Art. 127(1); Rules of Procedure of the General Court, Art. 84) (see paras 67-68)

4. EU law — Principles — Right to effective judicial protection — Duty to act within a reasonable time — Restrictive measures taken having regard to the situation in Ukraine — Judicial proceedings in a third State serving as a basis for the decision to adopt restrictive measures — Council’s verification obligation — Scope (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2018/333; Council Regulation 2018/326) (see paras 81-83)

Re:

Application based on Article 263 TFEU and seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48), and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part

The Court:

1. Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far as Artem Viktorovych Pshonka’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;