Appeal brought on 16 April 2024 by Igor Shuvalov against the judgment of the General Court (First Chamber) delivered on 7 February 2024 in Case T-289/22, Shuvalov v Council
(Case C-271/24 P)
Language of the case: Spanish
Parties
Appellant: Igor Shuvalov (represented by: J.L. Iriarte Ángel, F. Rodríguez González, L. Rodríguez Jiménez and L.M. García López, abogados)
Other party to the proceedings: Council of the European Union
Form of order sought
The appellant claims that the Court should:
set aside the judgment of the General Court (First Chamber) of 7 February 2024 in Case T-289/22;
give final judgment in the proceedings by granting the form of order sought by the applicant, now the appellant, at first instance; that is to say, annul,
in the first place, Council Decision (CFSP) 2022/265 of 23 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 1 and Council Implementing Regulation (EU) 2022/260 of 23 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; 2
in the second place, Council Decision (CFSP) 2022/1530 of 14 September 2022 amending Decision 2014/145/CFSP 1 and Council Implementing Regulation (EU) 2022/1529 of 14 September 2022 implementing Regulation (EU) No 269/2014; 2 and,
in the third place, Council Decision (CFSP) 2023/572 of 13 March 2023 amending Decision 2014/145/CFSP 1 and Council Implementing Regulation (EU) 2023/571 of 13 March 2023 implementing Regulation (EU) No 269/2014, 2
in so far as those provisions concern the appellant.
Consequently, annul Decision 2014/145/CFSP and Regulation (EU) 269/2014 in so far as they refer to or may affect the appellant.
order the Council to pay the costs of the proceedings at first instance and on appeal.
Grounds of appeal and main arguments
The appellant relies on six grounds of appeal:
First ground of appeal: error of law in that the judgment erroneously states that the Council did not make an error of assessment, a finding which the General Court reaches by manifestly distorting the facts.
Second ground of appeal: error of law in that the judgment erroneously states that the Council fulfilled its obligation to state reasons.
Third ground of appeal: error of law in that the judgment under appeal states that the contested provisions do not infringe the fundamental right to freedom of expression.
Fourth ground of appeal: error of law in that the judgment erroneously states that there was no infringement of the appellant’s right to property in the light of the principle of proportionality.
Fifth ground of appeal: error of law in that the judgment erroneously states that there was no infringement of the principle of equal treatment.
Sixth ground of appeal: error of law in that the judgment erroneously states that the appellant’s right to effective judicial protection was observed and that there was no misuse of powers.
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1 OJ 2022 L 42 I, p. 98.
1 OJ 2022 L 42 I, p. 3.
1 Council Decision (CFSP) 2022/1530 of 14 September 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 239, p. 149).
1 Council Implementing Regulation (EU) 2022/1529 of 14 September 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 239, p. 1).
1 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 75 I, p. 134).
1 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 75 I, p. 1).