Judgment of the General Court of 20 December 2023 – Yanukovych v Council
(Cases T-262/21 and T-256/22) 1
(Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
Language of the case: English
Parties
Applicant: Viktor Fedorovych Yanukovych (Rostov-on-Don, Russia) (represented by: B. Kennelly, Senior Counsel)
Defendant: Council of the European Union (represented by: in Case T-262/21, A. Boggio-Tomasaz, T. Haas and S. Van Overmeire, acting as Agents, and, in Case T-256/22, A. Boggio-Tomasaz and J. Rurarz, acting as Agents)
Re:
By his actions under Article 263 TFEU, the applicant seeks the annulment, in Case T-262/21, of Council Decision (CFSP) 2021/394 of 4 March 2021 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2021 L 77, p. 29) and Council Implementing Regulation (EU) 2021/391 of 4 March 2021 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2021 L 77, p. 2), and, in Case T-256/22, of Council Decision (CFSP) 2022/376 of 3 March 2022 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2022 L 70, p. 7) and Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2022 L 70, p. 1), in so far as those acts maintain his name on the list of persons, entities and bodies subject to those restrictive measures.
Operative part of the judgment
The Court:
Joins Cases T-262/21 and T-256/22 for the purpose of the judgment;
Annuls Council Decision (CFSP) 2021/394 of 4 March 2021 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2021/391 of 4 March 2021 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, as well as Council Decision (CFSP) 2022/376 of 3 March 2022 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as the name of Mr Viktor Fedorovych Yanukovych was maintained on the list of persons, entities and bodies subject to those restrictive measures;
Orders the Council of the European Union to pay the costs.
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1 OJ C 278, 12.7.2021.