Order of the General Court (First Chamber) of 3 July 2024

Data

Court: General Court

Case date: 3 juli 2024

Verdict

Order of the General Court (First Chamber) of 3 July 2024 –
UC Rusal v Council

(Case T‑292/23)⁽¹⁾

"(Action for annulment - Common foreign and security policy - Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds and economic resources - List of persons, entities and bodies subject to the freezing of funds and economic resources - Reference to the applicant’s name in the grounds for including another person’s name on the list - No act adversely affecting the applicant - Inadmissibility)"

1. Judicial proceedingsDecision given by reasoned orderPossibility of ruling without an oral procedureAction manifestly inadmissible or manifestly lacking any foundation in law

(Rules of Procedure of the General Court, Arts 126 and 130(1) and (7))

(see paragraphs 17, 18, 51)

2. Action for annulmentJurisdiction of the EU judicatureRequest that directions be issued to an institutionPrecluded

(Art. 263 TFEU)

(see paragraph 20)

3. Action for annulmentActionable measuresDefinitionActs producing binding legal effectsActs under the common foreign and security policyReference to the applicant’s name in the grounds of a Council act adopting restrictive measures against a third partyNot included

(Art. 263 TFEU; Council Decision 2014/145, as amended by Decisions (CFSP) 2022/329, (CFSP) 2023/572, (CFSP) 2023/1767 and (CFSP) 2024/847, Arts 2(1), 4(1) and Annex; Council Regulations No 269/2014, 2022/330, 2023/571, 2023/1765, 2024/849, Arts 2(2), 3(2) and Annexes)

(see paragraphs 32-34, 36-38, 42, 47-50)

4. Common foreign and security policyRestrictive measures taken in view of the situation in UkraineCriteria for adopting restrictive measuresLeading businesspersons operating in Russia and their close family members or other natural persons benefiting from themBusinesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation and persons associated with themDefinition of legal persons, entities or bodies owned or controlled by such leading businesspersonsAssessment by the authorities of the Member States

(Council Decision 2014/145, as amended by Decisions (CFSP) 2022/329, (CFSP) 2023/572, (CFSP) 2023/1767 and (CFSP) 2024/847, Art. 2 and Annex; Council Regulations No 269/2014, 2022/330, 2023/571, 2023/1765, 2024/849, Art. 2 and Annexes)

(see paragraphs 40, 41, 45)

Operative part

1. The action is dismissed.

2. United Company Rusal MKPAO (UC Rusal) shall pay the costs.