Case T-258/20: Judgment of the General Court of 3 February 2021 — Klymenko v Council (Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds — List of the persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of defence and the right to effective judicial protection)
Date: 2021-02-03
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence








C_2021098EN.01002701.xml










22.3.2021   


EN


Official Journal of the European Union


C 98/27






Judgment of the General Court of 3 February 2021 — Klymenko v Council
(Case T-258/20) (1)

(Common foreign and security policy - Restrictive measures taken having regard to the situation in Ukraine - Freezing of funds - List of the persons, entities and bodies covered by the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of defence and the right to effective judicial protection)
(2021/C 98/30)
Language of the case: French

Parties


Applicant: Oleksandr Viktorovych Klymenko (Moscow, Russia) (represented by: M. Phelippeau, lawyer)

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

Re:

Application under Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2020/373 of 5 March 2020 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2020 L 71, p. 10) and Council Implementing Regulation (EU) 2020/370 of 5 March 2020 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2020 L 71, p. 1), in so far as those acts maintain the applicant’s name 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) 2020/373 of 5 March 2020 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) 2020/370 of 5 March 2020 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 the name of Mr Oleksandr Viktorovych Klymenko was maintained on the list of persons, entities and bodies subject to those restrictive measures;










2.


Orders the effects of Article 1 of Decision 2020/373 to be maintained in respect of Mr Klymenko until the date of expiry of the period for bringing an appeal, as provided for in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union, or, if an appeal is brought within that period, until the date of dismissal of that appeal;










3.


Orders the Council of the European Union to pay the costs.






(1)  OJ C 222, 6.7.2020.