Case T-409/23: Action brought on 17 July 2023 — Sulberg Services v Council
Date: 2023-07-17
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, abuse of power, economic sanctions, equal treatment, freezing of assets, international sanctions, ownership, pleasure craft, principle of legal certainty








C_202300049EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/49


9.10.2023





Action brought on 17 July 2023 — Sulberg Services v Council
(Case T-409/23)
(C/2023/49)
Language of the case: Spanish

Parties


Applicant: Sulberg Services Ltd (Road Town, Tortola, British Virgin Islands) (represented by: H. Sbert Perez, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the General Court should:






—


declare, in accordance with Article 265 TFEU, that the inaction on part of the Council of the European Union in failing to deliver a decision regarding the requested amendment to the incorrect reference to the yacht ‘Valerie’ in the summary of reasons in paragraph 923 of Annex I to Decision 2014/145/CSFP (1) and Regulation (EU) No 269/2014, supplemented by Council Decision (CFSP) 2022/582 (2) of 8 April 2022, amending Decision 2014/145/CSFP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, on the basis of information provided by the applicant, in compliance with Article 14 of Council Regulation (EU) No 269/2014, (3) of 17 March 2014 relation to the adoption of restrictive measures concerning actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, constitutes a failure to act;










—


Order the Council of the European Union to adopt an urgent decision within the maximum time frame of one month, on the basis of Council Regulation (EU) No 269/2014, of 17 March 2014, to the effect that the following reference is deleted in the summary of reasons in paragraph 923 of Annex I concerning the sanction against Ms Anastasia IGNATOVA, ‘
                  Anastasia Ignatova formally owns the 85-metre yacht “Valerie” worth 140 million USD (more than 10 billion rubles) through a British Virgin Islands company called Delima Services Limited
                  ’;










—


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





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of Article 14 of Regulation (EU) No 269/2014 and of Article 6.3 of Decision 2014/145/CSFC concerning sanctions against Russia in relation to Ukraine and the principles of legal certainty, legality and sound administration without misuse of powers, in so far as, by not defining its position within a reasonable time frame, the Council is in breach of the obligation to conduct a review when allegations and new substantial evidence is submitted, in compliance with EU legislation on sanctions against Russia and, as a consequence, infringement of the principles of legal certainty, the rule of law and sound administration without misuse of power.










2.


Second plea in law, alleging infringement of the principle of legality in relation to sanctions in the field of common foreign and security policy since the Council’s failure to define its position within a reasonable time frame means that the restrictive measure adopted in Spain regarding the yacht ‘Valerie’ applies without meeting the conditions for its application set out in the recitals of Regulation (EU) No 269/2014/CFSC, as amended by Decision (CFSC) 2022/582, of 8 April 2022.










3.


Third plea in law, alleging infringement of fundamental rights and, in particular, the right to equality before the law, in so far as the failure to adopt a decision prejudices the comparative position of the applicant, who has no connection to the restrictive measures adopted pursuant to the Decision and Regulation of 17 March 2014, or with the Russia’s policy in Ukraine.










4.


Fourth plea in law, alleging infringement of the fundamental rights and, in particular, the right to property, having regard to the principle of proportionality, in so far as the failure of the Council to act leads to an improper and unjustified extension of the detention order of the yacht ‘Valerie’, by the Spanish authorities, unfairly restricting the right of ownership of this yacht.






(1)  (OJ 2014 L 78, p. 16).

(2)  Council Decision (CSFP) 2022/582 of 8 April de 2022 amending Decision 2014/145/CSFP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 110, p. 55).

(3)  (OJ 2014, L 78, p. 6).


ELI: http://data.europa.eu/eli/C/2023/49/oj
ISSN 1977-091X (electronic edition)