Judgment of the General Court of 17 April 2024 – Cogebi and Cogebi v Council
(Case T-782/22) 1
(Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on purchasing, importing or transferring, directly or indirectly, in the European Union, goods which generate significant revenues for Russia as listed in Annex XXI to Regulation (EU) No 833/2014 – Mica products – Action for annulment – Regulatory act not entailing implementing measures which directly affects the legal situation of importers – Admissibility – Obligation to state reasons – Right to be heard – Right of access to the file – Freedom to conduct a business – Proportionality)
Language of the case: English
Parties
Applicants: Cogebi (Brussels, Belgium), Cogebi, a.s., (Tábor, Czech Republic) (represented by: H. over de Linden, lawyer)
Defendant: Council of the European Union (represented by: M. Bishop and E. Nadbath, acting as Agents)
Interveners in support of the defendant: Republic of Estonia (represented by: M. Kriisa, acting as Agent), European Commission (represented by: J.-F. Brakeland, M. Carpus Carcea and L. Puccio, acting as Agents)
Re:
By their action based on Article 263 TFEU, the applicants seek the annulment of Article 3i of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1), as amended by Council Regulation (EU) 2022/1904 of 6 October 2022 (OJ 2022 L 259I, p. 3), in so far as Regulation 2022/1904 inserts CN code 6814 (worked mica and articles of mica) into the list of goods which generate significant revenues for the Russian Federation as listed in Annex XXI to Regulation No 833/2014 and whose direct or indirect purchase, import or transfer in the European Union is prohibited by Article 3i of that regulation.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Cogebi and Cogebi, a.s. to bear their own costs and to pay those incurred by the Council of the European Union, including those relating to the interim proceedings;
Orders the European Commission and the Republic of Estonia to bear their own costs.
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1 OJ C 35, 30.1.2023.