Judgment of the General Court of 8 November 2023 – Mazepin v Council
(Case T-282/22) 1
(Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Concept of ‘leading businessperson’ – Obligation to state reasons – Error of assessment – Proportionality)
Language of the case: English
Parties
Applicant: Dmitry Arkadievich Mazepin (Moscow, Russia) (represented by: D. Rovetta, M. Campa, M. Moretto, V. Villante 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 action, the applicant seeks, on the basis of Article 263 TFEU, annulment of 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 (OJ 2022 L 80, p. 31) and of 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 (OJ 2022 L 80, p. 1), to the extent that those measures include his name on the lists annexed to those measures.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mr Dmitry Arkadievich Mazepin to bear his own costs and to pay those incurred by the Council of the European Union;
3. Orders the Republic of Latvia to bear its own costs.
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1 OJ C 257, 4.7.2022.