Case T-245/15: Order of the General Court of 8 November 2017 — Klymenko v Council (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 — Maintenance of the applicant’s name on the list — Duty to state reasons — Legal basis — Manifest error of assessment — Rights of defence — Right to property — Right to reputation — Proportionality — Protection of fundamental rights equivalent to that guaranteed in the European Union — Plea of illegality)
Date: 2017-11-08
Institutions: General Court
Subjects: Ukraine, common foreign and security policy, economic sanctions, fundamental rights, international sanctions, natural person, ownership, principle of proportionality, rights of the defence, trade restriction








C_2018005EN.01002801.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/28





Order of the General Court of 8 November 2017 — Klymenko v Council
(Case T-245/15) (1)

((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 - Maintenance of the applicant’s name on the list - Duty to state reasons - Legal basis - Manifest error of assessment - Rights of defence - Right to property - Right to reputation - Proportionality - Protection of fundamental rights equivalent to that guaranteed in the European Union - Plea of illegality))
(2018/C 005/37)
Language of the case: English

Parties


Applicant: Oleksandr Viktorovych Klymenko (Moscow, Russia) (represented initially by B. Kennelly QC, J. Pobjoy, Barrister, and R. Gherson, Solicitor, subsequently by B. Kennelly, J. Pobjoy, R. Gherson and T. Garner, Solicitor, and lastly by M. Phelippeau, lawyer)

Defendant: Council of the European Union (represented by: A. Vitro and J.-P. Hix, acting as Agents)

Re:

APPLICATION under Article 263 TFEU seeking the annulment of (i) Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2015, L 62, p. 25) and Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2015, L 62, p. 1); (ii) Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 76) and Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 1), and (iii) Council Decision (CFSP) 2017/381 of 3 March 2017 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2017 L 58, p. 34) and Council Implementing Regulation (EU) 2017/374 of 3 March 2017 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2017 L 58, p. 1), in so far as the applicant’s name was retained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the order

The Court:






1.


Dismisses the action;










2.


Orders Mr Oleksandr Viktorovych Klymenko to pay the costs.






(1)  OJ C 302, 14.9.2015.