Judgment of the General Court of 6 June 2018 — Lukash v Council
(Case T-210/16) 1
(Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation to state reasons — Failure to fulfil criteria for listing — Error of fact — Error of assessment — Rights of the defence — Right to an effective remedy — Right to property)
Language of the case: French
Parties
Applicant: Olena Lukash (Kiev, Ukraine) (represented by: M. Cessieux, lawyer)
Defendant: Council of the European Union (represented by: F. Naert and J.-P. Hix, acting as Agents)
Re:
APPLICATION pursuant to Article 263 TFEU seeking annulment of (i) Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26) and of Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 1), (ii) Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119 (OJ 2015 L 62, p. 25) and Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation (EU) No 208/2014 (JO 2015 L 62, p. 1) (iii) Council Decision (CFSP) 2015/876 of 5 June 2015 amending Decision 2014/119 (JO 2015 L 142, p. 30) and Council Implementing Regulation (EU) 2015/869 of 5 June 2015 implementing Regulation No 208/2014 (OJ 2015 L 142, p. 1) (iv) Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119 (OJ 2016 L 60, p. 76) and Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation No 208/2014 (OJ 2016 L 60, p. 1), and (v) Council Decision (CFSP) 2017/381 of 3 March 2017 amending Decision 2014/119 (OJ 2017 L 58, p. 34), and Council Implementing Regulation (EU) 2017/374 of 3 March 2017 implementing Regulation No 208/2014 (OJ 2017 L 58, p. 1), in so far as the applicant’s name was included or maintained in the list of persons, entities and bodies subject to those restrictive measures.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Olena Lukash to bear the costs.
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1 OJ C 243, 4.7.2016.