Action brought on 3 May 2017 — Arbuzov v Council

(Case T-258/17)

Language of the case: Czech

Parties

Applicant: Sergej Arbuzov (Kyiv, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union

Form of order sought

annul Council Decision (CFSP) 2017/381 of 3 March 2017 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as it relates to Sergej Arbuzov;

order the Council of the European Union to bear its own costs and pay those incurred by Sergej Arbuzov.

Pleas in law and main arguments

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

First plea in law, alleging breach of the right to good administration

The applicant bases his application inter alia on the fact that the Council of the European Union did not proceed with proper care when adopting Decision (CFSP) 2017/381 of 3 March 2017, since it did not, before adopting the contested decision, address the applicant’s arguments and the evidence presented by him which supported his case, and proceeded essentially on the basis of a brief summary by the Ukraine Chief Public Prosecutor’s office without requiring any additional information on the progress of the investigation in Ukraine.

Second plea in law, alleging breach of the applicant’s right to property

The applicant submits in this respect that the restrictions adopted with respect to him are disproportionate and unnecessary and breach the guarantees of international law protection of his right to property.

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