Judgment of the General Court of 21 February 2024 – Grodno Azot and Khimvolokno Plant v Council
(Case T-117/22) 1
(Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for the regime’ – State-owned enterprise – Error of assessment)
Language of the case: English
Parties
Applicants: Grodno Azot AAT (Grodno, Belarus), Khimvolokno Plant (Grodno) (represented by: N. Tuominen and L. Engelen, lawyers)
Defendant: Council of the European Union (represented by: A. Boggio-Tomasaz and A. Antoniadis, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment, first, of Council Implementing Decision (CFSP) 2021/2125 of 2 December 2021 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ 2021 L 430I, p. 16) and of Council Implementing Regulation (EU) 2021/2124 of 2 December 2021 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2021 L 430I, p. 1), and, second, of Council Decision (CFSP) 2023/421 of 24 February 2023 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2023 L 61, p. 41) and of Council Implementing Regulation (EU) 2023/419 of 24 February 2023 implementing Article 8a of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ 2023 L 61, p. 20), in so far as those acts concern them.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Grodno Azot AAT and Khimvolokno Plant to pay the costs, including those related to the proceedings for interim measures.
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1 OJ C 222, 7.6.2022.