Case T-237/22: Judgment of the General Court of 7 February 2024 — Usmanov v Council (Common foreign and security policy — Restrictive measures taken 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 the freezing of funds and economic resources — Restrictions on entry into the territories of the Member States — List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States — Inclusion and maintenance of the applicant’s name on the lists — Meaning of ‘supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine’ — Article 2(1)(a) of Decision 2014/145/CFSP — Article 3(1)(a) of Regulation (EU) No 269/2014 — Jurisdiction of the General Court — Obligation to state reasons — Error of assessment — Rights of the defence — Right to property and freedom to conduct a business — Freedom of movement)
Date: 2024-02-07
Institutions: General Court
Subjects: EU restrictive measure, Russo-Ukrainian issue, economic sanctions, freedom of movement, freezing of assets, international sanctions, natural person, ownership, removal, rights of the defence








C_202402294EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2294


2.4.2024





Judgment of the General Court of 7 February 2024 — Usmanov v Council
(Case T-237/22) (1)

(Common foreign and security policy - Restrictive measures taken 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 the freezing of funds and economic resources - Restrictions on entry into the territories of the Member States - List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States - Inclusion and maintenance of the applicant’s name on the lists - Meaning of ‘supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine’ - Article 2(1)(a) of Decision 2014/145/CFSP - Article 3(1)(a) of Regulation (EU) No 269/2014 - Jurisdiction of the General Court - Obligation to state reasons - Error of assessment - Rights of the defence - Right to property and freedom to conduct a business - Freedom of movement)
(C/2024/2294)
Language of the case: French

Parties


Applicant: Alisher Usmanov (Tashkent, Uzbekistan) (represented by: J. Grand d’Esnon, C. Durrleman and S. Lescanne, lawyers)

Defendant: Council of the European Union (represented by: A. Vitro, B. Driessen and D. Laurent, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment (i) of Council Decision (CFSP) 2022/329 of 25 February 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 50, p. 1) and Council Regulation (EU) 2022/330 of 25 February 2022 amending 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 51, p. 1) and (ii) of Council Decision (CFSP) 2022/337 of 28 February 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 59, p. 1) and Council Implementing Regulation (EU) 2022/336 of 28 February 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 58, p. 1), and, after modification, of Council Decision (CFSP) 2023/572 of 13 March 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 L 75I, p. 134) and Council Implementing Regulation (EU) 2023/571 of 13 March 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 L 75I, p. 1), in so far as those acts concern him.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Alisher Usmanov to pay the costs, including those relating to the interim proceedings.






(1)  
            OJ C 257, 4.7.2022.


ELI: http://data.europa.eu/eli/C/2024/2294/oj
ISSN 1977-091X (electronic edition)