Order of the Vice-President of the General Court of 22 December 2023 – Mazepin v Council

(Case T-743/22 R IV)

(Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds and economic resources – Application for interim measures – Partial inadmissibility – Prima facie case – Urgency – Weighing up of interests)

Language of the case: English

Parties

Applicant: Nikita Dmitrievich Mazepin (Moscow, Russia) (represented by: D. Rovetta, M. Campa, M. Moretto, V. Villante, T. Marembert and A. Bass, lawyers)

Defendant: Council of the European Union (represented by: J. Rurarz and P. Mahnič, acting as Agents)

Intervener in support of the defendant: Republic of Latvia (represented by: J. Davidoviča and K. Pommere, acting as Agents)

Re:

By his application under Articles 278 and 279 TFEU, the applicant seeks, inter alia, under the same conditions as those provided for in the order of 19 July 2023, Mazepin v Council (T-743/22 R II, not published, EU:T:2023:406), in essence, (i) suspension of the operation of Council Decision (CFSP) 2023/1767 of 13 September 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 226, p. 104) and of Council Implementing Regulation (EU) 2023/1765 of 13 September 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 226, p. 3), in so far as they concern the applicant (together, ‘the September 2023 measures’), and of the decision contained in the letter of the Council of the European Union of 15 September 2023 to maintain the applicant’s name on the list of persons, entities and bodies subject to restrictive measures.

Operative part of the order

1.    The operation of Council Decision (CFSP) 2023/1767 of 13 September 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and of Council Implementing Regulation (EU) 2023/1765 of 13 September 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 is suspended in so far as the name of Mr Nikita Dmitrievich Mazepin was maintained on the list of persons, entities and bodies covered by those restrictive measures and only to the extent necessary to enable him to negotiate his recruitment as a professional Formula 1 driver or as a driver in other motor sport championships taking place solely or partly in the European Union, as well as to participate in Formula 1 Grand Prix, tests, training sessions and free sessions and in other motor sport championships, races, tests, training sessions and free sessions taking place in the European Union. To that end, Mr Mazepin is authorised only (i) to enter the European Union in order to negotiate and conclude agreements with a race team or with sponsors not linked to the activities of Mr Dmitry Arkadievich Mazepin or to natural or legal persons whose names are included on the lists set out in the annexes to 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 and to 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, (ii) to enter the European Union in order to participate as a full, reserve or test driver in Formula 1 championships of the International Automobile Federation (FIA) or in other motor sport championships, training sessions, tests or free sessions, also with a view to obtaining the renewal of his Super Licence, (iii) to enter the European Union in order to undergo the medical examinations required by the FIA or his race team, (iv) to enter the European Union to follow programmes of medical checks and training sessions, including on a simulator, (v) to enter the European Union in order to participate in racing, sponsorship and promotion events at the request of his race team or sponsors, (vi) to open a bank account in which a salary, bonuses and benefits from his race team can be paid to him, and (vii) to use that bank account and a credit card only to cover those costs that enable a professional driver to travel in the European Union, to negotiate and conclude agreements with a race team or with sponsors, to participate in championships, Grand Prix, races, training sessions, tests or free sessions in the Member States of the European Union, and to follow a programme of medical checks and training sessions.

Should he be recruited as a Formula 1 driver or as a driver in other motor sport championships taking place solely or partly in the European Union, Mr Mazepin must race under a neutral flag and sign the Driver Commitment required by the FIA for that purpose.

2.    The application for interim measures is dismissed as to the remainder.

3.    The order of 3 October 2023, Mazepin v Council (T-743/22 R III and T-743/22 R IV, not published), is cancelled.

4.    The costs are reserved.

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