Judgment of the Court (Eighth Chamber) of 19 October 2017 —
Yanukovych v Council
(Case C‑599/16 P) (1)
(Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name)
1. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Plea alleging distortion of the facts — Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion
(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d))
(see para. 43)
2. European Union — Judicial review of the legality of the acts of the institutions — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with them — Ambit of the review — Assessment of whether the investigations relating to the person affected by the decision to freeze funds are well founded — Not included — Assessment, on the basis of the documents on which the decision is based, of whether the decision to freeze funds is well founded — Included
(Council Decisions 2015/143/CFSP and 2015/364/CFSP; Council Regulations No 2015/138 and No 2015/357)
(see paras 69, 75)
Operative part
The Court:
2. | | Orders Mr Oleksandr Viktorovych Yanukovych to bear his own costs and to pay those incurred by the Council of the European Union; |
3. | | Orders the European Commission to bear its own costs. |