Case C-384/24, Russisch-Kirgizisch Ontwikkelingsfonds: Request for a preliminary ruling from the Raad van State (Belgium) lodged on 29 May 2024 – Russisch-Kirgizisch Ontwikkelingsfonds v Belgische Staat
Date: 2024-05-29
Institutions: Court of Justice
Subjects: EU restrictive measure, Russo-Ukrainian issue, access to the courts, economic sanctions, international sanctions, judicial review, legal expenses, provision of services, right to an effective remedy








C_202405598EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5598


30.9.2024






Request for a preliminary ruling from the Raad van State (Belgium) lodged on 29 May 2024 – Russisch-Kirgizisch Ontwikkelingsfonds v Belgische Staat


(Case C-384/24, Russisch-Kirgizisch Ontwikkelingsfonds)

(C/2024/5598)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Russisch-Kirgizisch Ontwikkelingsfonds

Defendant: Belgische Staat

Questions referred







1.


Must Article 4(1)(b) of Council Regulation (EU) No 269/2014 (1) of 17 March 2014‘concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine’, whether or not read in conjunction with Articles 2 and 9 of that Regulation (EU) No 269/2014 and with the concept of ‘services’ as defined in Article 57(1) of the Treaty on the Functioning of the European Union, and whether or not in conjunction with the fundamental right of access to justice as guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union, and whether or not in conjunction with the obligation on Member States laid down in the second paragraph of Article 19(1) of the Treaty on European Union to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law, be interpreted as excluding from the scope of application of the ‘incurred expenses associated with the provision of legal services’ as defined in the aforementioned provision of the Regulation the roll fee and the contribution to the Begrotingsfonds (Budgetary Fund) imposed on an applicant by national law, and which are classified as taxes under national law, to be paid when lodging an appeal before a national court against a national action in implementation of Regulation (EU) No 269/2014, with the result that the competent authorities may not authorise the release of certain funds or economic resources in order to pay that roll fee and that contribution arising from an appeal against a national action in implementation of Regulation (EU) No 269/2014?










2.


Must Article 4(1)(d) of Council Regulation (EU) No 269/2014 of 17 March 2014‘concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine’, whether or not read in conjunction with Articles 2 and 9 of that Regulation (EU) No 269/2014 and whether or not in conjunction with the fundamental right of access to justice as guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union, and whether or not in conjunction with the obligation on Member States laid down in the second paragraph of Article 19(1) of the Treaty on European Union to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law, be interpreted as excluding from the scope of application of the funds ‘necessary for extraordinary expenses’ as defined in the aforementioned provision of the Regulation the roll fee and the contribution to the Begrotingsfonds imposed on an applicant by national law, and which are classified as taxes under national law, to be paid when lodging an appeal before a national court against a national action in implementation of Regulation (EU) No 269/2014, with the result that the competent authorities may not authorise the release of certain funds or economic resources in order to pay that roll fee and that contribution arising from an appeal against a national action in implementation of Regulation (EU) No 269/2014?






(1)  
            OJ 2014 L 78, p. 6.


ELI: http://data.europa.eu/eli/C/2024/5598/oj
ISSN 1977-091X (electronic edition)