Judgment of the General Court (Fifth Chamber) of 18 December 2024

1. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in MoldovaScope of the review

(Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2023/1047 and (CFSP) 2024/1244; Council Regulations 2023/888, 2023/1045 and 2024/1243)

(see paragraph 19)

2. Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures taken in view of the situation in MoldovaProhibition on entry and transit and freezing of funds of persons responsible for actions which undermine or threaten the sovereignty and independence of MoldovaObligation to identify in the statement of reasons the specific and concrete elements justifying the said measureDecision 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 sufficient

(Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2023/1047 and (CFSP) 2024/1244; Council Regulations 2023/888, 2023/1045 and 2024/1243)

(see paragraphs 24-32)

3. Common foreign and security policyRestrictive measures taken in view of the situation in MoldovaDecision to freeze fundsJudicial review of legalityScopeProvision of general scope concerning an individual restrictive measureIncluded

(Art. 29 TEU; Arts 275, second para., and 277 TFEU; Council Decision (CFSP) 2023/891, Arts 1(1)(a)(ii) and 2(1)(a)(ii); Council Regulation 2023/888, Art. 2(3)(a)(ii))

(see paragraphs 43-45)

4. Acts of the institutionsChoice of legal basisActs concerning the adoption of restrictive measures in view of the situation in MoldovaProhibition on entry and transit and freezing of funds of persons planning, directing or engaging in violent demonstrations or other acts of violenceArticle 29 TEU and Article 215(2) TFEUWhether permissible

(Arts 3(5), 21, 23, 24 and 29 TEU; Art. 215(2) TFEU; Council Decision (CFSP) 2023/891, Arts 1(1)(a)(ii) and 2(1)(a)(ii); Council Regulation 2023/888, Art. 2(3)(a)(ii))

(see paragraphs 51, 52, 57-60)

5. Common foreign and security policyRestrictive measures taken in view of the situation in MoldovaLegal basisRestrictive measures provided for by a decision and a regulation adopted, respectively, on the basis of Article 29 TEU and Article 215 TFEUPower of the Council to adopt restrictive measures designed to support the rule of law in an EU candidate country

(Arts 21(2)(b) and 29 TEU; Art. 215(2) TFEU; Council Decision (CFSP) 2023/891, Arts 1(1)(a)(ii) and 2(1)(a)(ii); Council Regulation 2023/888, Art. 2(3)(a)(ii))

(see paragraph 63)

6. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in MoldovaScope of the reviewRestricted review for general rulesCriteria for adopting restrictive measuresProhibition on entry and transit and freezing of funds of persons planning, directing or engaging in violent demonstrations or other acts of violenceScopeObservance of the principle of proportionalityRespect for the principle of legal certainty

(Art. 275, second para., TFEU; Council Decision (CFSP) 2023/891, Art. 2(1)(a)(ii); Council Regulation 2023/888, Art. 2(3)(a)(ii))

(see paragraphs 72-76, 79, 80, 86)

7. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in MoldovaScope of the reviewInclusion of the applicant on the list annexed to the contested decision on account of his or her responsibility for actions or policies undermining or threatening the sovereignty and independence of the Republic of MoldovaDocuments available to the publicProbative valuePrinciple of the unfettered assessment of the evidence

(Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2023/1047 and (CFSP) 2024/1244; Council Regulations 2023/888, 2023/1045 and 2024/1243)

(see paragraphs 103-113)

8. Common foreign and security policyRestrictive measures taken in view of the situation in MoldovaProhibition on entry and transit and freezing of funds of persons responsible for actions or policies undermining or threatening the sovereignty and independence of the Republic of MoldovaApplicant with the status of party leader who planned violent demonstrations in the interest and with the assistance of the Russian FederationError of assessmentNone

(Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2023/1047 and (CFSP) 2024/1244; Council Regulations 2023/888, 2023/1045 and 2024/1243)

(see paragraphs 125-131, 140, 141)

9. European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in MoldovaScope of the reviewProof that the measure is well foundedObligation 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 foundedBreadth of the discretion of the competent authorityRelevance of evidence produced on the basis of a previous inclusion where there are no amendments to the grounds for inclusion or changes in the applicant’s situation or in the context in Moldova

(Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2023/1047 and (CFSP) 2024/1244; Council Regulations 2023/888, 2023/1045 and 2024/1243)

(see paragraphs 143, 149, 150)

10. Common foreign and security policyRestrictive measures taken in view of the situation in MoldovaScopePersons responsible for actions or policies undermining or threatening the sovereignty and independence of the Republic of MoldovaMeaningPersons who have committed those acts in the past, notwithstanding the lack of evidence establishing current involvement or participation in such actsIncluded

(Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2023/1047 and (CFSP) 2024/1244, Arts 1(1)(a)(ii) and 2(1)(a)(ii); Council Regulations 2023/888, Art. 2(3)(a)(ii), 2023/1045 and 2024/1243)

(see paragraphs 147, 148)

11. Common foreign and security policyRestrictive measures taken in view of the situation in MoldovaProhibition on entry and transit and freezing of funds of persons planning, directing or engaging in violent demonstrations or other acts of violenceRestriction of property rights and freedom of enterpriseBreach of the principle of proportionalityNone

(Charter of Fundamental Rights of the European Union, Arts 16 and 17; Council Decision (CFSP) 2023/891, as amended by Decisions (CFSP) 2023/1047 and (CFSP) 2024/1244; Council Regulations 2023/888, 2023/1045 and 2024/1243)

(see paragraphs 158-165, 168)

12. Non-contractual liabilityConditionsActual and certain damageAssessmentCriteriaNo actual and certain damage

(Art. 340, second para., TFEU)

(see paragraphs 172, 173)

Operative part

The Court:

1. Dismisses the action;

2. Orders Ms Marina Tauber to bear her own costs and to pay those of the Council of the European Union;

3. Orders the European Commission to bear its own costs.