Judgment of the General Court (Ninth Chamber) of 7 June 2023

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 sufficientLimitsStatement of reasons not capable of consisting of a general and stereotyped formulation

(Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision 2012/642/CFSP as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997, Annex)

(see paragraphs 21-26)

2. Common foreign and security policyRestrictive measures against BelarusCriteria for adopting restrictive measuresPersons, entities or bodies responsible for serious violations of human rights, the repression of civil society and democratic opposition, or otherwise seriously undermining democracy or the rule of lawNatural or legal persons, entities and bodies benefiting from or supporting the Lukashenko regimeDefinition

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

(see paragraphs 24, 72)

3. Common foreign and security policyRestrictive measures against BelarusFreezing of funds of certain persons and entities having regard to the situation in BelarusNature of those measuresNo criminal character

(Art. 29 TEU; Art. 215(2) TFEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002; Council Regulations No 765/2006 and No 2021/997)

(see paragraph 28)

4. 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 founded

(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 No 2021/997, Annex)

(see paragraphs 36-40)

5. Common foreign and security policyRestrictive measures against BelarusFreezing of fundsApplication for annulment brought by a person responsible for the repression of civil society and supporting the Lukashenko regimeAllocation of the burden of proofDecision based on a series of indicatorsProbative value

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

(see paragraphs 45-48, 50-52, 57-60, 65-69)

6. Common foreign and security policyRestrictive measures against BelarusFreezing of funds of certain persons and entities having regard to the situation in BelarusJudicial review of the lawfulnessPrinciple of proportionalityAppropriateness of the restrictive measuresRestrictive measures pursuing a legitimate aim of the common foreign and security policy

(Art. 21(2)(b) TEU; Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Annex; Council Regulations No 765/2006 and No 2021/997, Annex)

(see paragraphs 78-84)

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Siarheï Skryba to pay the costs.