Judgment of the General Court (Sixth Chamber) of 24 September 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 themScope 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 51, 52)

2. Common foreign and security policyRestrictive measures taken having regard to the situation in UkraineDecision to freeze fundsAdopted or maintained on the basis of a judicial procedure carried out by the authorities of a third State concerning 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

(Council Decision (CFSP) 2018/333; Council Regulation 2018/326)

(see paras 55-58, 88-90, 94, 95, 101-103)

3. Judicial proceedingsIntroduction of new pleas during the proceedingsInadequate statement of reasonsPlea capable of being raised at any stage of the proceedings

(Rules of Procedure of the General Court, Art. 84)

(see paras 65, 66)

4. Judicial proceedingsIntroduction of new pleas during the proceedingsAmplification of a plea made earlierAdmissibility

(Rules of Procedure of the General Court, Art. 84)

(see para. 75)

5. Judicial proceedingsIntroduction of new pleas during the proceedingsConditionsPlea based on matters which have come to light in the course of the procedureNew matter of lawCase-law providing clarifications not known to the applicant at the time of bringing the actionIncluded

(Rules of Procedure of the General Court, Art. 84)

(see paras 78-81)

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

(Charter of Fundamental Rights of the European Union, Art. 47)

(see paras 97-100)

Re

Application under Article 263 TFEU seeking the 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 Mr Viktor Feodorovych Yanukovych’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.