Case T-290/17: Judgment of the General Court of 30 January 2019 –Stavytskyi v Council (Common foreign and security policy — Restrictive measures adopted 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 — Obligation to state reasons — Plea of illegality — Principle of proportionality — Legal basis — Manifest error of assessment — Principle ne bis in idem)
Date: 2019-01-30
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, principle of proportionality








C_2019103EN.01002702.xml










18.3.2019   


EN


Official Journal of the European Union


C 103/27






Judgment of the General Court of 30 January 2019 –Stavytskyi v Council
(Case T-290/17) (1)

((Common foreign and security policy - Restrictive measures adopted 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 - Obligation to state reasons - Plea of illegality - Principle of proportionality - Legal basis - Manifest error of assessment - Principle ne bis in idem))
(2019/C 103/35)
Language of the case: English

Parties


Applicant: Edward Stavytskyi (Brussels, Belgium) (represented by: J. Grayston, Solicitor, P. Gjørtler, G. Pandey and D. Rovetta, lawyers)

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

Intervener in support of the defendant: European Commission (represented by: E. Paasivirta and L. Baumgart, acting as Agents)

Re:

Application under Article 263 TFEU and seeking the annulment of 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 maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.


Annuls 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, 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 in so far as Mr Edward Stavytskyi’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;










2.


Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Stavytskyi;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 231, 17.7.2017.