Case T-193/22: Judgment of the General Court of 15 November 2023 — OT v Council (Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine — Freezing of funds — List of persons, entities and bodies subject to freezing of funds and economic resources — Inclusion and maintenance of the applicant’s name on the lists — Notion of ‘leading businessperson’ — Article 2(1)(g) of Decision 2014/145/CFSP — Plea of illegality — Obligation to state reasons — Error of assessment — Right to be heard — Right to property — Freedom to conduct a business — Proportionality — Misuse of powers)
Date: 2023-11-15
Institutions: General Court
Subjects: EU restrictive measure, Russo-Ukrainian issue, Ukraine, abuse of power, economic sanctions, freezing of assets, international sanctions, natural person, principle of proportionality, rights of the defence








C_202400729EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/729


22.1.2024





Judgment of the General Court of 15 November 2023 — OT v Council
(Case T-193/22) (1)

(Common foreign and security policy - Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds - List of persons, entities and bodies subject to freezing of funds and economic resources - Inclusion and maintenance of the applicant’s name on the lists - Notion of ‘leading businessperson’ - Article 2(1)(g) of Decision 2014/145/CFSP - Plea of illegality - Obligation to state reasons - Error of assessment - Right to be heard - Right to property - Freedom to conduct a business - Proportionality - Misuse of powers)
(C/2024/729)
Language of the case: French

Parties


Applicant: OT (represented by: J.-P. Hordies and C. Sand, lawyers)

Defendant: Council of the European Union (represented by: V. Piessevaux, A. Boggio-Tomasaz and M.-C. Cadilhac, acting as Agents)

Intervener in support of the defendant: Kingdom of Belgium (represented by: C. Pochet, L. Van den Broeck and M. Van Regemorter, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant, OT, seeks the annulment of, first, Council Decision (CFSP) 2022/429 of 15 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 87 I, p. 44) and Council Implementing Regulation (EU) 2022/427 of 15 March 2022 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 2022 L 87 I, p. 1) (together, ‘the initial acts’) and, second, after modification of the application, Council Decision (CFSP) 2022/1530 of 14 September 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 239, p. 149) and Council Implementing Regulation (EU) 2022/1529 of 14 September 2022 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 2022 L 239, p. 1) (together, ‘the maintaining acts’), in so far as those acts (together, ‘the contested acts’) concern him.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders OT to bear his own costs and to pay the costs incurred by the Council of the European Union, including the costs relating to the proceedings for interim relief;










3.


Orders the Kingdom of Belgium to bear its own costs.






(1)  
            OJ C 213, 30.5.2022.


ELI: http://data.europa.eu/eli/C/2024/729/oj
ISSN 1977-091X (electronic edition)