Case T-470/21: Judgment of the General Court of 1 February 2023 — Klymenko v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — List of the persons, entities and bodies subject to the freezing of funds and economic resources — Limitation — Partial inadmissibility — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Non-material damage — Fact of damage — Causal link)
Date: 2023-02-01
Institutions: General Court
Subjects: EU restrictive measure, Russo-Ukrainian issue, Ukraine, damages, economic sanctions, freezing of assets, fundamental rights, indemnification, international sanctions, natural person








C_2023104EN.01002502.xml










20.3.2023   


EN


Official Journal of the European Union


C 104/25






Judgment of the General Court of 1 February 2023 — Klymenko v Council
(Case T-470/21) (1)

(Non-contractual liability - Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - List of the persons, entities and bodies subject to the freezing of funds and economic resources - Limitation - Partial inadmissibility - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Non-material damage - Fact of damage - Causal link)
(2023/C 104/40)
Language of the case: French

Parties


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

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

Intervener in support of the defendant: European Commission (represented by: C. Giolito and M. Carpus Carcea, acting as Agents)

Re:

By his action under Article 268 TFEU, the applicant seeks compensation for the damage which he allegedly suffered following the adoption, first, of 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 of 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), second, of 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 of 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), third, 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 of 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), fourth, 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), fifth, of Council Decision (CFSP) 2019/354 of 4 March 2019 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2019 L 64, p. 7), and of Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2019 L 64, p. 1), sixth, 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 of 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), and, seventh, of Council Decision (CFSP) 2021/394 of 4 March 2021 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2021 L 77, p. 29), and of Council Implementing Regulation (EU) 2021/391 of 4 March 2021 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2021 L 77, p. 2), by which his name was maintained on the lists of persons and entities subject to the restrictive measures.

Operative part of the judgment

The Court:






1.


Dismisses the action as in part inadmissible and in part unfounded;










2.


Orders Mr Oleksandr Viktorovych Klymenko to bear his own costs and to pay those incurred by the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  
            OJ C 412, 11.10.2021.