CELEX: 62021TN0245
Language: en
Date: 2021-05-05 00:00:00
Title: Case T-245/21: Action brought on 5 May 2021 — Varabei v Council

28.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/29
            
         
      Action brought on 5 May 2021 — Varabei v Council
      (Case T-245/21)
      (2021/C 252/39)
      Language of the case: English
      
         Parties
      
      
         Applicant: Mikalai Mikalevich Varabei (Novopolotsk, Belarus) (represented by: G. Kremslehner, H. Kühnert, lawyers, and M. Lester QC)
      
         Defendant: Council of the European Union
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul with immediate effect Council Decision (CFSP) 2021/353 of 25 February 2021 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus (1) and Council Implementing Regulation (EU) 2021/339 of 25 February 2021 implementing Article 8a of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (2).
               
            
                  —
               
               
                  order the Council to bear its own costs and to pay the costs of the Applicant.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on one plea in law alleging manifest errors of assessment. The applicant invokes that the Council has not explained how the applicant’s business interests demonstrate either that the applicant benefits from or that that he supports the Lukashenka regime. To the contrary, the applicant's interests in the petroleum, coal transit and banking sectors are not of a type or magnitude that would indicate that the applicant supports or benefits from the regime in any way.
      In addition, the applicant claims that his listing cannot be sustained on the basis that he is the co-owner of Bremino Group. The latter has not received any selective tax benefits nor other forms of support from the Belarusian administration.
      
         (1)  OJ L 68, 26.2.2021, p. 189.
      
         (2)  OJ L 68, 26.2.2021, p. 29.