Case T-271/23: Action brought on 22 May 2023 — Alfa-Bank v Council
Date: 2023-05-22
Institutions: General Court
Subjects: EU restrictive measure, Russia, Ukraine, bank, economic sanctions, international sanctions, legal person, ownership, principle of proportionality, territorial dispute








C_2023235EN.01007201.xml










3.7.2023   


EN


Official Journal of the European Union


C 235/72






Action brought on 22 May 2023 — Alfa-Bank v Council
(Case T-271/23)
(2023/C 235/86)
Language of the case: English

Parties


Applicant: Alfa-Bank JSC (Moscow, Russia) (represented by: B. Malmendier, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul paragraph 198 of Council Decision (CFSP) 2023/432 of 25 February 2023 (1) amending Decision 2014/145/CFSP of 17 March 2014;










—


annul paragraph 198 of Council Implementing Regulation (EU) 2023/429 of 25 February 2023 (2) implementing Regulation (EU) No 269/2014 of 17 March 2014;










—


order the Council of the European Union to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law.






1.


First plea in law, alleging erroneous assessment of the facts by the Council, which resulted in the unreasonable classification of the applicant as a person of the specified category — ‘leading businesspersons or legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilization of Ukraine, and natural or legal persons, entities or bodies associated with them’.










2.


Second plea in law, alleging absence of legal grounds for the Council to impose economic restrictive measures on the applicant, its ‘associates’ and clients.










3.


Third plea in law, alleging that the Council does not have complete, reliable and sufficient evidence to justify the grounds for applying restrictive measures in respect of the applicant and his related persons.










4.


Fourth plea in law, alleging breach of the principle of proportionality and infringement of fundamental rights, in particular the right to property, the freedom to pursue an economic or commercial activity and the right to protection of reputation.










5.


Fifth plea in law, alleging lack of evidence of the existence of legal associates, as well as the relevance and type of relationship between the applicant and the associates.










6.


Sixth plea in law, alleging violation by the Council of the balance between the foreign policy objective of the sanctions and the restriction of the applicant’s economic rights and, as a result, contributing to the impoverishment of the population of the Russian Federation.






(1)  Council Decision (CFSP) 2023/432 of 25 February 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 LI 59, p. 437).

(2)  Council Implementing Regulation (EU) 2023/429 of 25 February 2023 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 LI 59, p. 278).