Case T-305/18: Judgment of the General Court of 11 July 2019 — Klyuyev 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 — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
Date: 2019-07-11
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence, trade restriction








C_2019295EN.01002801.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/28






Judgment of the General Court of 11 July 2019 — Klyuyev v Council
(Case T-305/18) (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 - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
(2019/C 295/36)
Language of the case: English

Parties


Applicant: Andriy Klyuyev (Donetsk, Ukraine) (represented by: B. Kennelly QC, J. Pobjoy, Barrister, R. Gherson and T. Garner, Solicitors)

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

Re:

Application under Article 263 TFEU seeking the 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 of the judgment

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 Mr Andriy Klyuyev’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 Klyuyev, including those relating to the proceedings for interim measures.







(1)  OJ C 240, 9.7.2018.