Judgment of the General Court of 29 November 2023 – Khan v Council
(Case T-333/22) 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 the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘leading businessperson’ – Article 2(1)(g) of Decision 2014/145/CFSP – Article 3(1)(g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment)
Language of the case: French
Parties
Applicant: German Khan (London, United Kingdom) (represented by: T. Marembert and A. Bass, lawyers)
Defendant: Council of the European Union (represented by: J. Rurarz, S. Van Overmeire and V. Piessevaux, acting as Agents)
Re:
By his action based on Article 263 TFEU, the applicant seeks the annulment, first, of 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 of 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), and second, after modification of the application, 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 of 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), in so far as those acts concern him.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr German Khan to pay the costs.
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1 OJ C 276, 18.7.2022.