Judgment of the Court (Seventh Chamber) of 25 June 2020 – Vnesheconombank v Council
(Case C‑731/18 P) (1)
(Appeal – Restrictive measures adopted in view of the Russian Federation’s actions destabilising the situation in Ukraine – Appellant’s name included and retained in the list of entities to which the restrictive measures apply – Obligation to state reasons – Manifest error of assessment – Right to effective judicial protection – Misuse of power – Right to property – Equal treatment)
1. Acts of the institutions – Statement of reasons – Obligation – Scope – Restrictive measures taken having regard to the situation in Ukraine – Restrictions on access to the EU capital market – Obligation to identify in the statement of reasons the specific and concrete elements justifying the said measure – Decision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken against him – Whether summary statement of reasons sufficient
(Art. 296, second para. TFEU, Council Decision 2014/512/CFSP, as amended by Decision 2014/659/CFSP; Council Regulation No 833/2014, as amended by Regulation No 960/2014)
(see paras 35-37, 41, 42)
2. EU law – Principles – Rights of defence – Right to effective judicial protection – Restrictive measures taken having regard to the situation in Ukraine – Restrictions on access to the EU capital market – Obligation to disclose incriminating evidence – Scope – Unlawfulness of the act depending on proving the procedural relevance of the infringement of that obligation –No effect in the present case
(Art. 275, second para. TFEU; Council Decision 2014/512/CFSP, as amended by Decision 2014/659/CFSP; Council Regulation No 833/2014, as amended by Regulation No 960/2014)
(see paras 73, 74)
3. Appeal – Grounds – Error of law relied on not identified – Inadmissibility
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2))
(see para. 82)
4. Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds of certain persons and entities having regard to the situation in Ukraine – Restriction of the right to property – No breach of principle of proportionality
(Council Decision 2014/512/CFSP, as amended by Decision 2014/659/CFSP; Council Regulation No 833/2014, as amended by Regulation No 960/2014)
(see paras 84-89)
Operative part
The Court:
2. | | Orders the Bank for Development and Foreign Economic Affairs (Vnesheconombank) to bear its own costs and to pay those incurred by the Council of the European Union; |
3. | | Orders the European Commission to bear its own costs. |