Order of the President of the General Court of 19 July 2023 – Mazepin v Council

(Case T743/22 R II)

(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)

Language of the case: English

Parties

Applicant: Nikita Dmitrievich Mazepin (Moscow, Russia) (represented by: D. Rovetta, M. Campa, M. Moretto, V. Villante, T. Marembert and A. Bass, lawyers)

Defendant: Council of the European Union (represented by: J. Rurarz and P. Mahnič, acting as Agents)

Re:

By his application under Articles 278 and 279 TFEU, the applicant seeks (i) suspension of the operation of Council Decision (CFSP) 2023/572 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 (OJ 2023 L 75I, p. 134), of Council Implementing Regulation (EU) 2023/571 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 (OJ 2023 L 75I, p. 1), and of the Council measure of 14 March 2023 maintaining his name 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 (OJ 2014 L 78, p. 16), 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 (OJ 2014 L 78, p. 6), as amended, in so far as those measures, by maintaining his name on that list, prevent him from negotiating 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 from participating 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, and (ii) the grant of any appropriate interim measures which would 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, to be recruited as a driver by teams participating in the relevant championships as well as to exercise his rights and perform obligations under the relevant recruitment, including 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.

Operative part of the order

The operation of Council Decision (CFSP) 2023/572 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, of Council Implementing Regulation (EU) 2023/571 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, and the Council measure of 14 March 2023 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 motor sport 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 to follow programmes of medical checks and training sessions (including on a simulator), (v) to enter the European Union in order to participate in racing, sponsorship and promotion events at the request of his race team or sponsors, (vi) 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, (vii) 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, to participate in championships, Grand Prix, races, training sessions, tests or free sessions in the Member States of the European Union, and to follow a programme of medical checks and training sessions.

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.

The order of 5 April 2023, Mazepin v Council (T743/22 R II) is cancelled.

The costs are reserved.

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