C 252/70
EN
Official Journal of the European Union
17.7.2023
Form of order sought The applicant claims that the Court should: — annul 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 75 I, p. 1), in so far as it concerns the applicant; — annul 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 75 I, p. 134), in so far as it concerns the applicant; — consequently, order the Council to remove the applicant’s name from the annexes to Council Decision (CFSP) 2023/572 of 13 March 2023 and Council Implementing Regulation (EU) 2023/571 of 14 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; — order the Council to bear the full costs and expenses of the proceedings, including those incurred by the applicant.
Pleas in law and main arguments In support of the action, the applicant relies on three pleas in law. 1.
First plea in law, alleging that the Council manifestly erred in its assessment of the facts. 2.
Second plea in law, raising a plea of illegality in respect of points (d) and (g) of Article 1 of Council Regulation (EU) 2022/330 of 25 February 2022 amending Regulation (EU) 269/2014, inasmuch as that text undermines the values of freedom and the rule of law enshrined in Article 2 [TEU], as well as the principles of foreseeability of European Union acts and of proportionality. 3.
Third plea in law, alleging infringement of the rights of the defence, the right to effective judicial protection and the right to an effective remedy.
Action brought on 24 May 2023 — Birių Krovinių Terminalas v Council (Case T-287/23) (2023/C 252/84) Language of the case: English Parties Applicant: Birių Krovinių Terminalas UAB (Klaipeda, Lithuania) (represented by: V. Ostrovskis, lawyer) Defendant: Council of the European Union
Form of order sought The applicant claims that the Court should: — annul Articles 2g(1) and 2g(1a) of Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, as amended by Council Decision 2023/421/CFSP, insofar as its restrictions on transfer of potash from Belarus and the restrictions on the ability of EU operators to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance in connection with the same (together, the ‘Relevant Restrictions’) prohibit the transit of potash from Belarus via the territory of Lithuania, in particular through the sea the port of Klaipeda.