Judgment of the General Court of 6 December 2023 – Zubitskiy v Council
(Case T-359/22) 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 – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list – Concept of ‘leading businessperson’ – Article 3(1)(g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment – Right to property – Freedom to conduct a business – Proportionality)
Language of the case: French
Parties
Applicant: Evgeny Borisovich Zubitskiy (Moscow, Russia) (represented by: P. Zeller and D. Reingewirtz, lawyers)
Defendant: Council of the European Union (represented by: S. Lejeune, V. Piessevaux and X. Chamodraka, acting as Agents)
Re:
By his action under Article 263 TFEU, the application seeks annulment of Council Implementing Regulation (EU) 2022/581 of 8 April 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 110, p. 3), in so far as that act concerns him.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Evgeny Borisovich Zubitskiy to bear his own costs and to pay those incurred by the Council of the European Union.
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1 OJ C 294, 1.8.2022.