Judgment of the General Court of 7 February 2024 – Shuvalov v Council
(Case T-289/22) 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 – Inclusion and maintenance of the applicant’s name on the list – Status of natural person supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine – Article 2(1)(a) of Decision 2014/145/CFSP – Obligation to state reasons – Error of assessment – Freedom of expression – Equal treatment – Proportionality – Right to property – Right to effective judicial protection – Misuse of powers)
Language of the case: Spanish.
Parties
Applicant: Igor Shuvalov (Moscow, Russia) (represented by: J. Iriarte Ángel, L. Rodríguez Jiménez, F.M. Rodríguez González and L. García López, lawyers)
Defendant: Council of the European Union (represented by: S. Saez Moreno, P. Mahnič and D. Cerdán García, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks the annulment, in essence, first, of Council Decision (CFSP) 2022/265 of 23 February 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 42I, p. 98) and Council Implementing Regulation (EU) 2022/260 of 23 February 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 42I, p. 3), secondly, 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) 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), and, thirdly, of 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 (OJ 2023 L 75I, p. 134) and 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), in so far as those acts concern him.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Igor Shuvalov to pay the costs.
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1 OJ C 318, 22.8.2022.