Order of the General Court of 6 December 2023 – Birių Krovinių Terminalas v Council
(Case T-287/23) 1
(Action for annulment – Common foreign and security policy – Restrictive measures taken having regard to the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Prohibition on the purchase, import or transfer of potash from Belarus – Prevention of the transit of potash from Belarus via the territory of Lithuania – Time limit for initiating proceedings – Inadmissibility)
Language of the case: English
Parties
Applicant: Birių Krovinių Terminalas UAB (Klaipeda, Lithuania) (represented by: V. Ostrovskis, lawyer)
Defendant: Council of the European Union (represented by: A. Boggio-Tomasaz, B. Driessen and A. Antoniadis, acting as Agents, and by E. Raoult, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of, first, Article 2(g)(1) and (1a) of Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus (OJ 2012 L 285, p. 1), as amended by Council Decision (CFSP) 2023/421 of 24 February 2023 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. 41), and, secondly, Article 1(i) and Annex VIII to Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus (OJ 2006 L 134, p. 1) as allegedly amended by Decision 2023/421, in so far as the relevant restrictions prohibit the transfer of potash from Belarus.
Operative part of the order
The action is dismissed as inadmissible.
There is no need to rule on the application to intervene made by the Republic of Lithuania.
Birių Krovinių Terminalas UAB is ordered to pay the costs.
The Republic of Lithuania shall bear its own costs relating to the application to intervene.
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1 OJ C 252, 17.7.2023.