Judgment of the General Court of 20 March 2024 – Mazepin v Council
(Case T-743/22) 1
(Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Change of the factual and legal circumstances which led to the adoption of the restrictive measures – Concept of ‘association’ – Error of assessment)
Language of the case: English
Parties
Applicant: Nikita Dmitrievich Mazepin (Moscow, Russia) (represented by: D. Rovetta, M. Campa, M. Moretto, V. Villante, T. Marembert and A. Bass, lawyers)
Defendant: Council of the European Union (represented by: J. Rurarz and P. Mahnič, acting as Agents)
Intervener in support of the defendant: Republic of Latvia (represented by: J. Davidoviča and K. Pommere, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks the annulment:
of Council Decision (CFSP) 2022/1530 of 14 September 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 239, p. 149), of Council Implementing Regulation (EU) 2022/1529 of 14 September 2022 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 2022 L 239, p. 1), and of the letter of 15 September 2022 by which the Council of the European Union decided to maintain his name on the list of persons, entities and bodies covered by the restrictive measures provided for by Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 16), as amended, in so far as those acts maintain his name on the lists annexed to the acts;
of Council Decision (CFSP) 2023/572 of 13 March 2023 amending Decision 2014/145 (OJ 2023 L 75I, p. 134), of 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 75I, p. 1), and of the letter of 14 March 2023 by which the Council decided to maintain his name on the list of persons, entities and bodies covered by the restrictive measures provided for by Decision 2014/145 (OJ 2014 L 78, p. 16), as amended, and by Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 6), as amended, in so far as those acts maintain his name on the lists annexed to the acts;
of Council Decision (CFSP) 2023/1767 of 13 September 2023 amending Decision 2014/145 (OJ 2023 L 226, p. 104), of Council Implementing Regulation (EU) 2023/1765 of 13 September 2023 implementing Regulation No 269/2014 (OJ 2023 L 226, p. 3), and of the letter of 15 September 2023 by which the Council decided to maintain his name on the list of persons, entities and bodies covered by the restrictive measures provided for by Decision 2014/145 (OJ 2014 L 78, p. 16), as amended, and by Regulation No 269/2014 (OJ 2014 L 78, p. 6), as amended, in so far as those acts maintain the applicant’s name on the lists annexed to the acts.
Operative part of the judgment
The Court:
Dismisses the action as inadmissible in so far as it is directed against the three letters of 15 September 2022, 14 March 2023 and 15 September 2023 sent from the Council of the European Union to the applicant;
Annuls Council Decision (CFSP) 2022/1530 of 14 September 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Council Implementing Regulation (EU) 2022/1529 of 14 September 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, 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, 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, Council Decision (CFSP) 2023/1767 of 13 September 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and Council Implementing Regulation (EU) 2023/1765 of 13 September 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, in so far as the name of Mr Nikita Dmitrievich Mazepin was maintained on the list of persons, entities and bodies to which those restrictive measures apply;
Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Nikita Dmitrievich Mazepin, including those relating to the four sets of proceedings for interim measures;
Orders the Republic of Latvia to bear its own costs.
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1 OJ C 35, 30.1.2023.