Language of document : ECLI:EU:T:2023:102


 


 



Order of the President of the General Court of 1 March 2023 –
Mazepin v Council

(Case T743/22 R)

(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 – Application for interim measures – Prima facie case – Urgency – Weighing up of interests)

1.      Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing the application for interim relief

(Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paragraphs 20-23)

2.      Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Prima facie examination of the pleas in law put forward in support of the main action – Action against restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Pleas relating to an error of assessment by the Council – Pleas not prima facie unfounded

(Arts 278 and 279 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/1530, Annex; Council Regulations No 269/2014 and 2022/1529, Annex)

(see paragraphs 26, 27, 48-52, 58-62, 63)

3.      European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures taken having regard to the situation in Ukraine – Scope of the review

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/1530, Annex; Council Regulations No 269/2014 and 2022/1529, Annex)

(see paragraph 38)

4.      Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof borne by the party seeking the interim measure

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paragraph 64)

5.      Interim relief – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Restrictive measures taken having regard to the situation in Ukraine – Decision to freeze funds – Leading businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with them – Primacy of the applicant’s interest in negotiating his recruitment, participating in motor sport championships and pursuing his career as compared with the Council’s interest

(Art. 278 TFEU; Rules of Procedure of the General Court, Arts 151(2) and 156(4); Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2022/1530, Annex; Council Regulations No 269/2014 and 2022/1529, Annex)

(see paragraphs 86, 92-100)

Operative part

1.

The operation of Council Decision (CFSP) 2022/1530 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, of Council Implementing Regulation (EU) 2022/1529 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, and the Council measure of 15 September 2022 maintaining the name of Mr Nikita Dmitrievich Mazepin on the list of persons, entities and bodies covered by the restrictive measures provided for by 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, as amended, and by 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, as amended, is suspended in so far as the name of Mr 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 also or only 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 Decision 2014/145 and Regulation No 269/2014, (ii) to enter the European Union in order to participate as a full or reserve driver in Formula 1 championships of the Fédération internationale de l’automobile (FIA) (International Automobile Association (FIA)) or in other 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 in order to participate in racing, sponsorship and promotion events at the request of his race team or sponsors, (v) to open a bank account in which a salary, bonuses, benefits from his race team and financial contributions from the sponsors accepted by his team can be paid to him and, (vi) to use the 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 and to participate in championships, Grand Prix, races, training sessions, tests or free sessions in the Member States of the European Union. Should he be recruited as a Formula 1 driver or as a driver in other motor sport championships taking place also or only in the European Union, Mr Mazepin must undertake to race under a neutral flag and to sign the Driver Commitment required by the FIA for that purpose.

2.

The costs are reserved.