Appeal brought on 18 January 2024 by Dmitry Arkadievich Mazepin against the judgment of the General Court (First Chamber) delivered on 8 November 2023 in Case T-282/22, Mazepin v Council
(Case C-35/24 P)
Language of the case: English
Parties
Appellant: Dmitry Arkadievich Mazepin (represented by: D. Rovetta, M. Campa, M. Moretto, V. Villante, avvocati, and T. Marembert, A. Bass, avocats)
Other parties to the proceedings: Council of the European Union, Republic of Latvia
Form of order sought
The appellant claims that the Court should:
set aside the judgment under appeal;
annul Council Decision (CFSP) 2022/397 of 9 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 1 ;
annul Council Implementing Regulation (EU) 2022/396 of 9 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 1 , in so far as they include the appellant in the list of persons and entities made subject to the restrictive measures;
as a subordinate to the above, set aside the judgment under appeal and refer the case back to the General Court;
order the Council to bear the appellant’s costs both concerning the first instance and present appeal proceedings.
Pleas in law and main arguments
The appellant relies on five grounds of appeal.
First, the General Court disregarded the scope of its judicial review, committing several errors of law and distortions of facts.
Second, the General Court erred in law in interpreting criterion (g) in the sense that by the expression “providing a substantial source of revenue to the Government of the Russian Federation”, it is the economic sectors and not businesspersons that are referred to. Failure to state reasons.
Third, infringement and misinterpretation of Article 2(1)(g) of Council Decision 2014/145/CFSP 1 as amended by Council Decision (CFSP) 2022/329 2 as well as of Article 3(1)(g) of Council Regulation (EU) No 269/2014 3 , as amended by Council Regulation 2022/330 4 . As a subordinate, plea of illegality and inapplicability under Article 277 TFEU of Article 2(1)(g) of Council Decision 2014/145/CFSP as amended by Council Decision (CFSP) 2022/329 and of Article 3(1)(g) of Council Regulation (EU) No 269/2014 as amended by Council Regulation 2022/330.
Fourth, infringement and misinterpretation of the concept of “source of revenue” and “substantial source of revenue” under Article 2(1) (g) of Council Decision 2014/145/CFSP as amended by Council Decision (CFSP) 2022/329, as well as of Article 3(1) (g) of Council Regulation (EU) No 269/2014, as amended by Council Regulation 2022/330. Distortion of facts and evidence. Breach of essential procedural requirements and of the duty to state reasons under Article 296 TFEU and Article 36 of the Statute of the Court of Justice through insufficient and contradictory grounds. Reversal of the burden of proof.
Fifth, the General Court infringed and misinterpreted general principles of EU law and, in particular, the principle of equal treatment and non-discrimination in deciding that criterion (g) is not discriminatory.
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1 OJ 2022 L 80, p. 31.
1 OJ 2022 L 80, p. 1.
1 Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 16).
1 Council Decision (CFSP) 2022/329 of 25 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 50, p. 1).
1 Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 6).
1 Council Regulation (EU) 2022/330 of 25 February 2022 amending 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 51, p. 1).