Judgment of the General Court of 15 November 2023 – OT v Council
(Case T-193/22) 1
(Common foreign and security policy – Restrictive measures 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 freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Notion of ‘leading businessperson’ – Article 2(1)(g) of Decision 2014/145/CFSP – Plea of illegality – Obligation to state reasons – Error of assessment – Right to be heard – Right to property – Freedom to conduct a business – Proportionality – Misuse of powers)
Language of the case: French
Parties
Applicant: OT (represented by: J.-P. Hordies and C. Sand, lawyers)
Defendant: Council of the European Union (represented by: V. Piessevaux, A. Boggio-Tomasaz and M.-C. Cadilhac, acting as Agents)
Intervener in support of the defendant: Kingdom of Belgium (represented by: C. Pochet, L. Van den Broeck and M. Van Regemorter, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant, OT, seeks the annulment of, first, Council Decision (CFSP) 2022/429 of 15 March 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 87 I, p. 44) and Council Implementing Regulation (EU) 2022/427 of 15 March 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 87 I, p. 1) (together, ‘the initial acts’) and, second, after modification of the application, 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) and 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) (together, ‘the maintaining acts’), in so far as those acts (together, ‘the contested acts’) concern him.
Operative part of the judgment
The Court:
Dismisses the action;
Orders OT to bear his own costs and to pay the costs incurred by the Council of the European Union, including the costs relating to the proceedings for interim relief;
Orders the Kingdom of Belgium to bear its own costs.
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1 OJ C 213, 30.5.2022.