Judgment of the General Court of 10 April 2024 – Fridman v Council
(Case T-304/22) 1
(Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the list – Concept of ‘supporting actions and policies’ - Article 2(1)(a) of Decision 2014/145/CFSP – Article 3(1)(a) of Regulation (EU) No 269/2014 – Concepts of ‘supporting, materially or financially’ and ‘benefitting from’ Russian decision-makers – Article 2(1)(d) of Decision 2014/145 – Article 3(1)(d) of Regulation No 269/2014 – Error of assessment)
Language of the case: French
Parties
Applicant: Mikhail Fridman (London, United Kingdom) (represented by: T. Marembert and A. Bass, lawyers)
Defendant: Council of the European Union (represented by: S. Van Overmeire, V. Piessevaux and J. Rurarz, acting as Agents)
Intervener in support of the defendant: Republic of Latvia (represented by: J. Davidoviča and K. Pommere, acting as Agents)
Re:
By his action based on Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2022/337 of 28 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 (OJ 2022 L 59, p. 1) and of Council Implementing Regulation (EU) 2022/336 of 28 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 (OJ 2022 L 58, p. 1), and, secondly, of 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) and of 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), in so far as they concern him.
Operative part of the judgment
The Court:
Annuls Council Decision (CFSP) 2022/337 of 28 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, Council Implementing Regulation (EU) 2022/336 of 28 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, 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 and 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, in so far as Mr Mikhail Fridman’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;
Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Fridman.
Orders the Republic of Latvia to bear its own costs.
____________
1 OJ C 257, 4.7.2022.