Action brought on 3 May 2024 – Euro Asia Cargo v Council

(Case T-232/24)

Language of the case: English

Parties

Applicant: Euro Asia Cargo Private Ltd (Colombo, Sri Lanka) (represented by: F. Wolf and T. Ackermann, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

annul (i) Council Decision (CFSP) 2024/746 of 23 February 2024¹ and (ii) Council Regulation (EU) 2024/745 of 23 February 2024,² in so far as those acts concern the applicant;

order the Council to pay the costs.

Pleas in law and main arguments

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

First plea in law, alleging that the Council made an error of assessment in deciding to add the name of the applicant to Annex IV to amended Council Decision 2014/512/CFSP and Annex IV to amended Council Regulation (EU) No 833/2014 (together, Annex IV). The applicant argues that it does not fulfil any of the criteria to be listed in Annex IV.

Second plea in law, alleging that the Council violated the principle of proportionality and unlawfully restricted the applicant’s freedom to conduct a business. The applicant argues that listing it in Annex IV is manifestly inappropriate to achieve the objective pursued.

Third plea in law, alleging that the Council violated the applicant’s procedural fundamental right to good administration enshrined in Article 41 of the Charter. The applicant argues that the Council failed both to inform the applicant before listing it in Annex IV and to state the reasons for the decision to list the applicant.

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¹ Council Decision (CFSP) 2024/746 of 23 February 2024 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L, 2024/746).

¹ Council Regulation (EU) 2024/745 of 23 February 2024 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L, 2024/745).