Case T-287/23: Action brought on 24 May 2023 — Birių Krovinių Terminalas v Council
Date: 2023-05-24
Institutions: General Court
Subjects: Belarus, EU restrictive measure, Russo-Ukrainian issue, economic sanctions, international sanctions, military intervention, potash, principle of proportionality, trade restriction, transit








C_2023252EN.01007001.xml










17.7.2023   


EN


Official Journal of the European Union


C 252/70






Action brought on 24 May 2023 — Birių Krovinių Terminalas v Council
(Case T-287/23)
(2023/C 252/84)
Language of the case: English

Parties


Applicant: Birių Krovinių Terminalas UAB (Klaipeda, Lithuania) (represented by: V. Ostrovskis, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Articles 2g(1) and 2g(1a) of Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, as amended by Council Decision 2023/421/CFSP, insofar as its restrictions on transfer of potash from Belarus and the restrictions on the ability of EU operators to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance in connection with the same (together, the ‘Relevant Restrictions’) prohibit the transit of potash from Belarus via the territory of Lithuania, in particular through the sea the port of Klaipeda.










—


annul Article 1i and Annex VIII of Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, as amended by Council Decision 2023/421/CFSP, insofar as the Relevant Restrictions prohibit the transit of potash from Belarus via the territory of Lithuania, in particular through the sea the port of Klaipeda.










—


order the Council to pay the costs and expenses of the proceedings, including those incurred by the applicant for its defence.





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 that the Relevant Restrictions effected by the Contested Acts violate the principle of legality and legal certainty.










2.


Second plea in law, alleging that the Relevant Restrictions effected by the Contested Acts violate the EU’s WTO obligations insofar as they restrict transit of goods via the EU’s territory to other WTO Members in breach of Article V:2 of the GATT 1994.










3.


Third plea in law, alleging that the Relevant Restrictions effected by the Contested Acts, insofar as they prohibit the transit of potash from Belarus via the territory of Lithuania, are in violation of the Agreement on the Conditions of Transit of cargo from the Republic of Belarus using the ports and other transport infrastructure of the Republic of Lithuania.










4.


Forth plea in law, alleging that the Relevant Restrictions effected by the Contested Acts violate the freedom of transit provided for in the United Nations on the Law of the Sea (‘UNCLOS’).










5.


Fifth plea in law, alleging the violation of the right of the Applicant to pursue a trade and of the principle of proportionality.










6.


Sixth plea in law, alleging the violation of the principle of legitimate expectations.