Action brought on 12 August 2022 – Melnichenko v Council

(Case T-498/22)

Language of the case: English

Parties

Applicant: Aleksandra Melnichenko (St. Moritz, Switzerland) (represented by: G. Lansky, P. Goeth and A. Egger, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

annul, pursuant to Article 263 TFEU, Council Decision (CFSP) 2022/883 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions under-mining or threatening the territorial integrity, sovereignty and independence of Ukraine¹ as well as Council Implementing Regulation (EU) 2022/878 of 3 June 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,² in so far as those acts concern the applicant;

order the Council to pay the costs pursuant to Article 134 of the Rules of Procedure.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

First plea in law, alleging manifest error of assessment.

Second plea in law, alleging that the applicant’s designation unlawfully infringes upon the applicant’s rights protected under Articles 7, 17 and 45 of the EU Charter of Fundamental Rights.

Third plea in law, alleging that the applicant has not been given the right to be heard.

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¹ Council Decision (CFSP) 2022/883 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions under-mining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 153, p. 92).

¹ Council Implementing Regulation (EU) 2022/878 of 3 June 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 153, p. 15).