Case C-11/18 P: Judgment of the Court (Seventh Chamber) of 26 September 2019 — Oleksandr Viktorovych Klymenko v Council of the European Union (Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the appellant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection — Obligation to state reasons)
Date: 2019-09-26
Institutions: Court of Justice
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, ownership, rights of the defence, trade restriction








C_2019399EN.01000601.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/6






Judgment of the Court (Seventh Chamber) of 26 September 2019 — Oleksandr Viktorovych Klymenko v Council of the European Union
(Case C-11/18 P) (1)

(Appeal - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds and economic resources - List of persons, entities and bodies covered by the freezing of funds and economic resources - Maintenance of the appellant’s name - Decision by an authority of a third State - Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection - Obligation to state reasons)
(2019/C 399/06)
Language of the case: English

Parties


Appellant: Oleksandr Viktorovych Klymenko (represented by: M. Phelippeau, lawyer)

Other party to the proceedings: Council of the European Union (represented by: A. Vitro and J.-P. Hix, Agents)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 8 November 2017, Klymenko v Council (T-245/15, not published, EU:T:2017:792);










2.


Annuls 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, 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, 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, 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, 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 they concern Mr Oleksandr Viktorovych Klymenko;










3.


Orders the Council of the European Union to pay the costs incurred both in the proceedings at first instance and in the present appeal.






(1)  OJ C 94, 12.3.2018