Judgment of the General Court (Fifth Chamber) of 24 May 2023

Data

Court: General Court

Case date: 24 mei 2023

Verdict

Judgment of the General Court (Fifth Chamber) of 24 May 2023 –
Haidukevich v Council

(Case T‑580/21)⁽¹⁾

"(Common foreign and security policy - Restrictive measures adopted in view of the situation in Belarus - Freezing of funds - Restriction on entry into the territory of the Member States - Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned - Duty to state reasons - Error of assessment - Proportionality)"

1. Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures against BelarusFreezing of funds of certain persons and entities having regard to the situation in BelarusDecision falling within a context known to the person concerned, enabling him or her to understand the scope of the measure taken against him or herWhether summary statement of reasons sufficientNo infringement

(Art. 296 TFEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and 2021/997, Annex)

(see paragraphs 16-25)

2. 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 reviewObligation on the competent EU authority to establish, in the event of challenge, that the reasons relied on against the persons or entities concerned are well foundedProof 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 Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and 2021/997, Annex)

(see paragraphs 37-40, 42-45, 47)

3. Common foreign and security policyRestrictive measures against BelarusCriteria for adopting restrictive measuresPersons, entities and bodies responsible for serious violations of human rights, repression of civil society or democratic opposition, or undermining democracy or the rule of lawNatural or legal persons, entities or organisations benefiting from or supporting the Lukashenko regimeStatements advocating the pursuit of a policy of repression of civil society or democratic oppositionIncludedNo error of assessment

(Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Arts 3(1)(b) and 4(1)(b), Annex; Council Regulations No 765/2006, Art. 2(4)(5), 1014/2012 and 2021/997, Annex)

(see paragraphs 46, 48-50, 52)

4. Common foreign and security policyRestrictive measures against BelarusFreezing of funds of certain persons and entities having regard to the situation in BelarusRestriction on the right of residence and of free movement within the European UnionRestrictive measures pursuing a legitimate aim of the common foreign and security policyNo breach of principle of proportionality

(Art. 21(2)(b), TFEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Art. 3(6)(5) and 8; Council Regulations No 765/2006, Arts 3 and 8a(4), and 2021/997)

(see paragraphs 58-67, 73)

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Aleh Haidukevich to bear, in addition to his own costs, those incurred by the Council of the European Union.