Judgment of the General Court (Sixth Chamber) of 13 September 2018

Judicial proceedingsDecision or regulation replacing the contested measure in the course of proceedingsNew factorExtension of the initial pleadingsApplication to amend annulment pleaTime-limit for the submission of such an applicationPoint from which time starts to runDate of communication of the new measure to the applicant

(Art. 263, 6^th para. TFEU; Rules of Procedure of the General Court, Arts 60 and 86(1))

(see paras 43, 44, 50, 51)

Action for annulmentTime-limitsMandatoryExamination by the EU judicature of its own motion

(Art. 263, 6^th para. TFEU; Rules of Procedure of the General Court, Art. 60)

(see para. 49)

Action for annulmentNatural or legal personsMeasures of direct and individual concern to themWhether directly concernedCriteriaRestrictive measures taken having regard to the situation in UkraineAct prohibiting the sale, supply, transfer or export of all dual-use goods and technology, and the supply of certain services related to such goods and technology, to any entity in Russia included in the lists of entities covered by restrictive measuresAction brought by an entity included in those listsAdmissibility

(Art. 263, 4^th para. TFEU; Council Decision 2014/512/CFSP, Art. 3a and Annex IV; Council Regulation No 833/2014)

(see paras 62-65, 67)

Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures taken having regard to the situation in UkraineProhibition of the sale, supply, transfer or export of dual use goods and technology to certain persons, entities or bodies in RussiaObligation to identify in the statement of reasons the specific and concrete elements justifying the said measureDecision falling within a context known to the person concerned, enabling him to understand the scope of the measure taken against himWhether summary statement of reasons sufficient

(Art. 296, 2^nd para. TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision 2014/512/CFSP; Council Regulation No 833/2014)

(see paras 83-85, 87, 89, 90, 94-97)

EU lawPrinciplesRights of defenceRight to effective judicial protectionRestrictive measures taken having regard to the situation in UkraineProhibition of the sale, supply, transfer or export of dual use goods and technology to certain persons, entities or bodies in RussiaObligation to disclose incriminating evidenceScope

(Art. 275, 2^nd para. TFEU; Charter of Fundamental Rights of the European Union, Arts 41(2)(a) and 47; Council Decision 2014/512/CFSP; Council Regulation No 833/2014)

(see paras 100-103)

Common foreign and security policyRestrictive measures taken having regard to the situation in UkraineProhibition of the sale, supply, transfer or export of dual use goods and technology to certain persons, entities or bodies in RussiaRights of defenceNotification of inculpatory evidenceSubsequent decision maintaining the name of the applicant on the list of persons covered by those measuresNo new groundsNo infringement of the right to be heard

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2014/512/CFSP, Art. 3a and Annex IV; Council Regulation No 833/2014)

(see paras 106-108)

EU lawPrinciplesRights of defenceRestrictive measures taken having regard to the situation in UkraineProhibition of the sale, supply, transfer or export of dual use goods and technology to certain persons, entities or bodies in RussiaRight of access to documentsRights subject to an application in that behalf before the Council

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2014/512/CFSP; Council Regulation No 833/2014)

(see para. 109)

European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken having regard to the situation in UkraineAmbit of the review

(Art. 275, 2^nd para. TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2014/512/CFSP; Council Regulation No 833/2014)

(see para. 123)

Common foreign and security policyRestrictive measures taken having regard to the situation in UkraineCriteria for adopting restrictive measuresRestrictive measures covering a sector of the economyRussian enterprise operating in the field of defence and armamentsNo requirement to establish a link between the undertakings affected by the restrictive measures and the Russian state

(Council Decision 2014/512/CFSP; Council Regulation No 833/2014)

(see paras 126-128)

Common foreign and security policyRestrictive measures taken having regard to the situation in UkraineProhibition of the sale, supply, transfer or export of dual use goods and technology to certain persons, entities or bodies in RussiaRestriction of the right to property and the free exercise of an economic activityNo breach of principle of proportionality

(Charter of Fundamental Rights of the European Union, Arts 16, 17 and 52(1); Council Decision 2014/512/CFSP; Council Regulation No 833/2014)

(see paras 135-137, 141-147)

Common foreign and security policyRestrictive measures taken having regard to the situation in UkraineProhibition of the sale, supply, transfer or export of dual use goods and technology to certain persons, entities or bodies in RussiaJudicial review of legalityAppropriateness of the restrictive measuresRestrictive measures pursuing a legitimate aim of the common foreign and security policy

(Art. 21 TEU; Council Decision 2014/512/CFSP; Council Regulation No 833/2014)

(see paras 139, 148)

Re:

Application under Article 263 TFEU seeking annulment of (i) Council Decision (CFSP) 2015/971 of 22 June 2015 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2015 L 157, p. 50); (ii) the letter from the Council dated 31 July 2015 by which the Council stated that the applicant should remain subject to the measures in Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 13) and Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1); (iii) Council Decision (CFSP) 2015/2431 of 21 December 2015 amending Decision 2014/512 (OJ 2015 L 334, p. 22); and (iv) Council Decision (CFSP) 2016/1071 of 1 July 2016 amending Decision 2014/512 (OJ 2016 L 178, p. 21), in so far as those acts concern the applicant.

Operative part

The Court:

Dismisses the action;

Orders Joint-Stock Company ‘Almaz-Antey’ Air and Space Defence Corp. to pay the costs.