Judgment of the General Court (Fifth Chamber) of 7 July 2021

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, Arts 47 and 48; Council Decision (CFSP) 2020/373; Council Regulation 2020/370)

(see paras 62, 63)

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 funds or abuse of office by a public office-holderWhether permissibleConditionNational 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

(Decision 2014/119/CFSP, as amended by Decision (CFSP) 2020/373, Annex; Council Regulations No 208/2014, Annex I, and 2020/370)

(see paras 64-69)

3. 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 funds or abuse of office by a public office-holderConditionsNational decision adopted in accordance with the rights of the defence and the right to effective judicial protectionObligation on the competent EU authority to establish, in the event of challenge, that the grounds held against the persons or entities concerned are well foundedCouncil’s obligation to verify observance of the rights in questionInfringement

(Decision 2014/119/CFSP, as amended by Decision (CFSP) 2020/373, Annex; Council Regulations No 208/2014, Annex I, and 2020/370)

(see paras 74-83, 85-88, 90-92, 104, 105)

4. 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, Arts 47 and 52(3))

(see paras 93-101)

Re:

Application under Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2020/373 of 5 March 2020 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2020 L 71, p. 10), and of Council Implementing Regulation (EU) 2020/370 of 5 March 2020 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2020 L 71, p. 1), in so far as those acts maintain the applicant’s name on the list of persons, entities and bodies subject to those restrictive measures.

Operative part

The Court:

1. Annuls Council Decision (CFSP) 2020/373 of 5 March 2020 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) 2020/370 of 5 March 2020 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 the name of Mr Artem Viktorovych Pshonka 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.