Portnov v Council (Judgment) French Text [2015] EUECJ T-290/14 (26 October 2015)

Portnov v Council (Judgment) French Text [2015] EUECJ T-290/14 (26 October 2015)

The Council failed to provide a sufficiently solid factual basis for the listing of the applicant, as the only evidence predating the contested acts was a generic letter from the Ukrainian Prosecutor General's office lacking specific details about the applicant's alleged conduct. Therefore, the inclusion of the...

Source-derived case information.

Citation
[2015] EUECJ T-290/14
Parties
Applicant: Andriy Portnov; Respondent: Council of the European Union; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings / Final Judgment
Outcome
application granted
Legal Topics
Restrictive Measures, Asset Freezing, Ukraine Sanctions, Judicial Review, Rights of Defence
European Union Law Sanctions Law Administrative Law Restrictive Measures Asset Freezing Ukraine Sanctions Judicial Review Rights of Defence

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Parties

Andriy Portnov

Applicant

Council of the European Union

Respondent

European Commission

Intervener

Procedural Posture

Annulment Proceedings / Final Judgment

  1. 1 Whether the inclusion of the applicant's name on the list of persons subject to restrictive measures was lawful under EU law
  2. 2 Whether the Council had a sufficiently solid factual basis for the listing
  3. 3 Whether the rights of defence and right to effective judicial protection were respected

Ratio Decidendi

The Council failed to provide a sufficiently solid factual basis for the listing of the applicant, as the only evidence predating the contested acts was a generic letter from the Ukrainian Prosecutor General's office lacking specific details about the applicant's alleged conduct. Therefore, the inclusion of the applicant's name on the list did not meet the criteria set by the relevant EU acts and must be annulled.

Court Disposition

application granted

Orders

  • The Council decision 2014/119/PESC and Regulation (EU) No 208/2014 are annulled in so far as they concern Andriy Portnov.
  • The Council of the European Union is ordered to bear its own costs and those of the applicant.