Judgment of the General Court (Sixth Chamber) of 11 July 2019

1. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken having regard to the situation in UkraineFreezing of funds of persons involved in the misappropriation of public funds and of natural or legal persons, bodies or organisations associated with themAmbit of the review

(Art. 275, second para. TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2018/333; Council Regulation 2018/326)

(see paras 41, 42)

2. Common foreign and security policyRestrictive measures taken having regard to the situation in UkraineDecision to freeze fundsAdoption or maintenance on the basis of judicial proceedings brought by the authorities of a third State in relation to the misappropriation of public fundsLawfulnessConditionNational decision adopted in accordance with the rights of the defence and the right to effective judicial protectionCouncil’s verification obligationObligation to state reasonsScopeThird State that has acceded to the European Convention on Human RightsIrrelevant

(Art. 6(3) TEU; Council Decision (CFSP) 2018/333; Council Regulation 2018/326)

(see paras 44-48)

3. Judicial proceedingsIntroduction of new pleas during the proceedingsConditionsPleas based on matters which have come to light in the course of the procedureNew matter of lawCase-law providing clarifications unknown by the applicant at the time of bringing his actionIncluded

(Art. 263 TFEU; Rules of Procedure of the Court of Justice, Art. 127(1); Rules of Procedure of the General Court, Art. 84)

(see paras 67-68)

4. EU lawPrinciplesRight to effective judicial protectionDuty to act within a reasonable timeRestrictive measures taken having regard to the situation in UkraineJudicial proceedings in a third State serving as a basis for the decision to adopt restrictive measuresCouncil’s verification obligationScope

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2018/333; Council Regulation 2018/326)

(see paras 81-83)

Re:

Application based on Article 263 TFEU and seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48), and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part

The Court:

1. Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far as Artem Viktorovych Pshonka’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;

2. Orders the Council of the European Union to pay the costs.