Case T-534/22: Judgment of the General Court of 18 September 2024 – Belarusian Potash Company v Council (Common foreign and security policy – Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list – Support for the regime – Financial support – Benefiting from the regime – Error of assessment)
Date: 2024-09-18
Institutions: General Court
Subjects: Belarus, EU restrictive measure, Russia, Russo-Ukrainian issue, Ukraine, economic sanctions, financial aid, freezing of assets, international sanctions, legal person








C_202406428EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6428


4.11.2024






Judgment of the General Court of 18 September 2024 – Belarusian Potash Company v Council


(Case T-534/22)
                (1)

(Common foreign and security policy - Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine - Freezing of funds - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name on the list - Support for the regime - Financial support - Benefiting from the regime - Error of assessment)
(C/2024/6428)
Language of the case: English

Parties


Applicant: Belarusian Potash Company AAT (Minsk, Belarus) (represented by: V. Ostrovskis, lawyer)

Defendant: Council of the European Union (represented by: J. Rurarz and A. Boggio-Tomasaz, acting as Agents)

Intervener in support of the defendant: Republic of Latvia (represented by: K. Pommere and J. Davidoviča, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of (i) Council Implementing Decision (CFSP) 2022/881 of 3 June 2022 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2022 L 153, p. 77) and Council Implementing Regulation (EU) 2022/876 of 3 June 2022 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2022 L 153, p. 1), and (ii) Council Decision (CFSP) 2023/421 of 24 February 2023 amending Decision 2012/642 (OJ 2023 L 61, p. 41) and Council Implementing Regulation (EU) 2023/419 of 24 February 2023 implementing Article 8a of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2023 L 61, p. 20), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Belarusian Potash Company AAT to bear its own costs and to pay those incurred by the Council of the European Union;










3.


Orders the Republic of Latvia to bear its own costs.






(1)  
            OJ C 389, 10.10.2022.


ELI: http://data.europa.eu/eli/C/2024/6428/oj
ISSN 1977-091X (electronic edition)