Appeal brought on 22 November 2023 by Viktor Filippovich Rashnikov against the judgment of the General Court (First Chamber) delivered on 13 September 2023 in Case T-305/22, Rashnikov v Council
(Case C-711/23 P)
Language of the case: English
Parties
Appellant: Viktor Filippovich Rashnikov (represented by: D. Rovetta, M. Campa, M. Moretto, V. Villante, and M. Pirovano, avvocati)
Other party to the proceedings: Council of the European Union
Form of order sought
The appellant claims that the Court should:
set aside the judgment under appeal;
annul:
Council Decision (CFSP) 2022/4291 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;
Council Implementing Regulation (EU) 2022/4271 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, in so far as they include the appellant in the list of persons and entities made subject to the restrictive measures;
Council Decision (CFSP) 2022/15301 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;
Council Implementing Regulation (EU) 2022/15291 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, in so far as they include the Appellant in the list of persons and entities made subject to the restrictive measures;
Council Decision (CFSP) 2023/5721 of 13 March 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine;
Council Implementing Regulation (EU) 2023/5711 of 13 March 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, in so far as they include the Appellant in the list of persons and entities made subject to restrictive measures;
alternatively, 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
In the current appeal, the appellant relies on four main grounds of appeals:
The General Court disregarded the scope of its judicial review, committing several errors of law and distortions of facts.
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.
Infringement and misinterpretation of Article 2(1)(g) of Council Decision 2014/145/CFSP1 as amended by Council Decision (CFSP) 2022/3292 as well as of Article 3(1)(g) of Council Regulation (EU) No 269/20143 , as amended by Council Regulation 2022/3304 – 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.
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 – Misapplication of criterion (g) to the payment of mandatory taxes.
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1 OJ 2022, L 87I, p. 44.
1 OJ 2022, L 87I, p. 1.
1 OJ 2022, L 239, p. 149.
1 OJ 2022, L 239, p. 1.
1 OJ 2023, L 75I, p. 134.
1 OJ 2023, L 75I, 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 L 78, 17.3.2014, 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).