Case T-347/14: Order of the General Court of 12 July 2016 — Yanukovych v Council (Action for annulment — Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Modification of the form of order sought — Death of the applicant — Inadmissibility — Proof that inclusion on the list is justified — Manifestly well founded action)
Date: 2016-07-12
Institutions: General Court
Subjects: Ukraine, common foreign and security policy, death, economic sanctions, inheritance, international sanctions, trade restriction








C_2016335EN.01004401.xml










12.9.2016   


EN


Official Journal of the European Union


C 335/44





Order of the General Court of 12 July 2016 — Yanukovych v Council
(Case T-347/14) (1)

((Action for annulment - Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name - Modification of the form of order sought - Death of the applicant - Inadmissibility - Proof that inclusion on the list is justified - Manifestly well founded action))
(2016/C 335/58)
Language of the case: English

Parties


Applicant: Olga Stanislavivna Yanukovych, as heir of Viktor Viktorovych Yanukovych (Kiev, Ukraine) (represented by: T. Beazley QC)

Defendant: Council of the European Union (represented by: initially E. Finnegan and J.-P. Hix, and subsequently J.-P. Hix and P. Mahnič Bruni, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: S. Bartelt and D. Gauci, acting as Agents)

Re:

Action pursuant to Article 263 TFEU for annulment, first, of Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26), as amended by Council Implementing Decision 2014/216/CFSP of 14 April 2014 implementing Decision 2014/119 (OJ 2014 L 111, p. 91), and of Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 1), as amended by Council Implementing Regulation (EU) No 381/2014 of 14 April 2014 implementing Regulation No 208/2014 (OJ 2014 L 111, p. 33), and secondly, of Council Decision (CFSP) 2015/143 of 29 January 2015 amending Decision 2014/119 (OJ 2015 L 24, p. 16), of Council Regulation (EU) 2015/138 of 29 January 2015 amending Regulation No 208/2014 (OJ 2015 L 24, p. 1), of Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119 (OJ 2015 L 62, p. 25), and of Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation No 208/2014 (OJ 2015 L 62, p. 1), in so far as they concern Mr Viktorovych Yanukovych.

Operative part of the order







1.


Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in their original versions, are annulled in so far as they concern Mr Viktor Viktorovych Yanukovych.










2.


The action is dismissed as to the remainder.










3.


The Council of the European Union shall bear its own costs and shall pay those incurred by Mrs Olga Stanislavivna Yanukovych, as heir of Mr Viktorovych Yanukovych, in relation to the claim for annulment made in the application.










4.


Mrs Stanislavivna Yanukovych, as heir of Mr Viktorovych Yanukovych, shall bear her own costs and shall pay those incurred by the Council in relation to the claim for annulment made in the statement of modification.










5.


The European Commission shall bear its own costs.






(1)  OJ C 253, 4.8.2014.