Judgment of the General Court (Ninth Chamber) of 18 October 2023

Data

Court: General Court

Case date: 18 oktober 2023

Verdict

Judgment of the General Court (Ninth Chamber) of 18 October 2023 –
Belaz-upravljajusaja kompanija holdinga Belaz Holding v Council

(Case T‑533/21)^(*)

"(Common foreign and security policy - Restrictive measures adopted in view of the situation in Belarus - Freezing of funds - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion and maintenance of the applicant’s name on the lists - Concept of support for the regime - State-owned enterprise - Error of assessment)"

Common foreign and security policyRestrictive measures against BelarusFreezing of funds and economic resourcesRights of the defenceNotification of inculpatory evidenceDifference between the name used in the decisions to freeze funds and the formally registered company name of the entity subject to the measuresNo infringement of defence rights or right to effective judicial protection

(Charter of Fundamental Rights of the European Union, Arts 41(2) and 47; Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2021/1002 and (CFSP) 2023/421; Council Regulations No 765/2006, 2021/997 and 2023/419)

(see paragraphs 26-29, 88, 89)

European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures against BelarusFreezing of funds of certain persons and entities having regard to the situation in BelarusScope of the reviewProof that the measure is well foundedFactual basisSpecific, precise and consistent information

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2021/1002 and (CFSP) 2023/421; Council Regulations No 765/2006, 2021/997 and 2023/419)

(see paragraphs 34-38, 42-46, 69, 77-81, 94-96)

Common foreign and security policyRestrictive measures against BelarusFreezing of funds of certain persons and entities having regard to the situation in BelarusMeasures adopted in accordance with an implementing powerInterpretation of the implementing measure in accordance with the basic actTaking into account of the context of the legislation at issue

(Art. 215(2) TFEU; Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2021/1002 and (CFSP) 2023/421; Council Regulations No 765/2006, 2021/997 and 2023/419)

(see paragraph 50)

Common foreign and security policyRestrictive measures against BelarusCriteria for adopting restrictive measuresNatural or legal persons, entities or bodies benefitting from or supporting the Lukashenko regimeConcept of support for the regimeUndertaking belonging to the StateTransfer of financial resources to the StateIncludedUndertaking not controlling the use of those resources by the StateIrrelevant

(Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2021/1002 and (CFSP) 2023/421, Art. 4(1)(b); Council Regulations No 765/2006, Art. 2(5), 2021/997 and 2023/419)

(see paragraphs 64-66, 68)

Operative part

The Court:

Dismisses the action;

Orders OAO Belaz – upravljajusaja kompanija holdinga Belaz Holding to pay the costs.