Judgment of the General Court (First Chamber) of 23 September 2014

Data

Court: General Court

Case date: 23 september 2014

Verdict

Judgment of the General Court (First Chamber) of 23 September 2014 — Ipatau v Council

(Case T-646/11)

"Common foreign and security policy - Restrictive measures taken against Belarus - Freezing of funds and economic resources - Restrictions on the entry into and transit through the European Union - Action for annulment - Time-limit for instituting proceedings - Admissibility - Obligation to state reasons - Rights of the defence - Error of assessment"

1. Actions for annulmentTime-limitsPoint from which time starts to runMeasure entailing restrictive measures against a person or bodyMeasure published and notified to the addresseesDate of notification of the measure (Arts 263, fourth and sixth paras, TFEU and 275, second para., TFEU; Rules of Procedure of the General Court, Art. 102; Council Decisions 2011/666/CFSP and 2012/642/CFSP; Council Regulations No 1000/2011 and No 1017/2012) (see paras 44-47)

2. Common foreign and security policyRestrictive measures against BelarusFreezing of fundsRights of defenceDisclosure of inculpatory evidenceSubsequent decision maintaining the name of the applicant on the list of persons covered by those measuresInfringement of the right to be heardNone (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2012/642/CFSP; Council Regulation No 1017/2012) (see paras 72-81)

3. Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures against BelarusFreezing of funds of certain persons and bodies in view of the situation in BelarusMinimum requirements (Art. 296 TFEU; Council Decisions 2011/666/CFSP and 2012/642/CFSP; Council Regulations No 1000/2011 and No 1017/2012) (see paras 92-96, 104)

4. Common foreign and security policyRestrictive measures against BelarusFreezing of funds of certain persons and bodies in view of the situation in BelarusNature of those measuresNo criminal character (Council Decisions 2011/666/CFSP and 2012/642/CFSP; Council Regulations No 1000/2011 and No 1017/2012) (see para. 113)

5. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken against BelarusFreezing of funds of certain persons and bodies in view of the situation in BelarusAmbit of the review (Charter of Fundamental Rights of the European Union, Art. 47; Council Decisions 2011/666/CFSP and 2012/642/CFSP; Council Regulations No 1000/2011 and No 1017/2012) (see paras 132-135)

Re:

ACTION for annulment of Council Decision 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus (OJ 2011 L 265, p. 17), in so far as it concerns the applicant, Council Implementing Regulation (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2011 L 265, p. 8) in so far as it concerns the applicant, the Council decision of 14 November 2011 rejecting the applicant’s request to have his name removed from Council Decision 2011/69/CFSP of 31 January 2011 amending Council Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus (OJ 2011 L 28, p. 40) and Council Implementing Regulation (EU) No 84/2011 of 31 January 2011 amending Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus (OJ 2011 L 28, p. 17), and annulment of Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus (OJ 2012 L 285, p. 1) and Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2012 L 307, p. 7), in so far they concern the applicant.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Vadzim Ipatau to bear, in addition to his own costs, the costs incurred by the Council of the European Union.