Action brought on 17 June 2022 – Timchenko v Council
(Case T-361/22)
Language of the case: French
Parties
Applicant: Elena Petrovna Timchenko (Cologny, Switzerland) (represented by: T. Bontinck, 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) 2022/582/CFSP 1 of 8 April 2022, in so far as it includes the applicant’s name at No 903 of the annex to that decision;
annul the Council Implementing Regulation (EU) 2022/581 1 of 8 April 2022, in so far as it includes the applicant’s name at No 903 of the annex to that decision;
order the Council to pay provisional damages of EUR 1,000,000 for the non-material harm 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 four pleas in law.
First plea, alleging infringement of the right to effective judicial protection and of the obligation of the administration to give reasons.
Second plea, alleging manifest error of assessment as regards the grounds given by the Council.
Third plea, alleging infringement of the principle of proportionality, infringement of fundamental rights as regards the adoption of restrictive measures against the applicant, and unjustified interference with her fundamental rights, which are guaranteed by the Charter of Fundamental Rights of the European Union.
Fourth plea, alleging infringement of the Treaties.
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1 Council Decision (CFSP) 2022/582 of 8 April 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 110, p. 55).
1 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).