Action brought on 9 May 2022 – Timchenko v Council

(Case T-252/22)

Language of the case: French

Parties

Applicant: Gennady Nikolayevich Timchenko (Geneva, Switzerland) (represented by: T. Bontinck, A. Guillerme, L. Burguin, S. Bonifassi and E. Fedorova, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

annul Council Decision (CFSP) 2022/337/CFSP¹ of 28 February 2022 in so far as it lists the applicant under No 694 of the annex to that decision;

annul Implementing Regulation (EU) 2022/336¹ of 28 February 2022 in so far as it lists the applicant under No 694 of the annex to that regulation;

order the Council to pay EUR 1 000 000, on a provisional basis, in respect of the non-material damage suffered by the applicant;

order the Council to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

First plea in law, alleging infringement of the right to effective judicial protection and of the obligation to state reasons.

Second plea in law, alleging infringement of the principle of proportionality and of fundamental rights.

Third plea in law, alleging manifest error of assessment, in particular as regards the ground based on the relationship between the applicant and President Putin, of the applicant’s status as shareholder in the Volga Group, and of his status as shareholder in Bank Rossiya.

Fourth plea in law, alleging infringement of the principle of equal treatment.

Fifth plea in law, alleging infringement of the Treaties, in particular, of the principle of the free movement of citizens of the European Union and of the rules relating to the applicable legal basis.

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¹     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).

¹     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).