Judgment of the General Court of 7 February 2024 – Usmanov v Council
(Case T-237/22) 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 – Restrictions on entry into the territories of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Meaning of ‘supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine’ – Article 2(1)(a) of Decision 2014/145/CFSP – Article 3(1)(a) of Regulation (EU) No 269/2014 – Jurisdiction of the General Court – Obligation to state reasons – Error of assessment – Rights of the defence – Right to property and freedom to conduct a business – Freedom of movement)
Language of the case: French
Parties
Applicant: Alisher Usmanov (Tashkent, Uzbekistan) (represented by: J. Grand d’Esnon, C. Durrleman and S. Lescanne, lawyers)
Defendant: Council of the European Union (represented by: A. Vitro, B. Driessen and D. Laurent, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks the annulment (i) of Council Decision (CFSP) 2022/329 of 25 February 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 50, p. 1) and Council Regulation (EU) 2022/330 of 25 February 2022 amending 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 51, p. 1) and (ii) of Council Decision (CFSP) 2022/337 of 28 February 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 59, p. 1) and Council Implementing Regulation (EU) 2022/336 of 28 February 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 58, p. 1), and, after modification, 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) and 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), in so far as those acts concern him.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Alisher Usmanov to pay the costs, including those relating to the interim proceedings.
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1 OJ C 257, 4.7.2022.