ORDER OF THE PRESIDENT
OF THE FIRST CHAMBER OF THE GENERAL COURT
7 February 2023 (*)
(Intervention — Dismissal — Application lodged after the expiry of the time‑limit provided for in the Rules of procedure)
In Case T-271/22,
Andrey Melnichenko, residing in St. Moritz (Switzerland), represented by A. Miron, D. Müller, N. Tuominen, G. Lansky, P. Goeth and A. Egger, lawyers,
applicant,
v
Council of the European Union, represented by B. Driessen and S. Van Overmeire, acting as Agents,
defendant,
supported by
European Commission, represented by J.-F. Brakeland and M. Carpus Carcea, acting as Agents,
intervener,
1 By its action under Article 263 TFEU, the applicant, Andrey Melnichenko, seeks annulment of Council Decision (CFSP) 2022/397 of 9 March 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 80, p. 31) as well as Council Implementing Regulation (EU) 2022/396 of 9 March 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 80; p. 1), in so far as those acts concern the applicant.
2 By document lodged at the Court Registry on 23 December 2022, EuroChem Group AG and Siberian Coal Energy Company AO (Suek) applied for leave to intervene in the present proceedings in support of the form of order sought by the applicant.
3 In accordance with Article 143(1) of the Rules of Procedure of the General Court, an application to intervene must be submitted within six weeks of the publication of the notice referred to in Article 79 thereof.
4 In the present case, the notice in the Official Journal of the European Union referred to in Article 79 of the Rules of Procedure having been published on 4 July 2022, the application to intervene was made after the expiry of the time‑limit of six weeks referred to in Article 143(1) of the Rules of Procedure, as extended on the account of distance under Article 60 thereof.
5 The application to intervene must therefore be dismissed without being served on the parties.
Costs
6 Under Article 144(6) of the Rules of Procedure, if the application to intervene is refused, the order must include a decision as to the costs relating to the application to intervene, including the costs of the applicants for leave to intervene, pursuant to Articles 134 and 135.
7 As the present order was adopted prior to service of the application for leave to intervene on the parties and before the latter could have incurred costs, it is sufficient to decide that the applicants to intervene must bear their own costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT
hereby orders:
1. The application for leave to intervene in Case T‑271/22 lodged by EuroChem Group AG and Siberian Coal Energy Company AO (Suek) is dismissed.
2. EuroChem Group and Siberian Coal Energy Company (Suek) shall bear their own costs.
Luxembourg, 7 February 2023.