Ovsyannikov v Council (Judgment) French Text [2022] EUECJ T-714/20 (26 October 2022)

Ovsyannikov v Council (Judgment) French Text [2022] EUECJ T-714/20 (26 October 2022)

The Tribunal held that the Council failed to provide a sufficiently solid factual basis for maintaining the applicant's name on the sanctions list after he had ceased to hold any relevant public office and there was no evidence of ongoing involvement in actions compromising Ukraine's territorial integrity. The...

Source-derived case information.

Citation
[2022] EUECJ T-714/20
Parties
Applicant: Dmitry Vladimirovich Ovsyannikov; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings (article 263 Tfeu) / Final Judgment
Outcome
application granted
Legal Topics
Restrictive Measures, Foreign Policy, Ukraine Territorial Integrity, Listing of Individuals, Judicial Review, Burden of Proof
European Union Law Sanctions Law International Law Restrictive Measures Foreign Policy Ukraine Territorial Integrity Listing of Individuals Judicial Review +1 more

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Parties

Dmitry Vladimirovich Ovsyannikov

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings (article 263 Tfeu) / Final Judgment

  1. 1 Whether the Council erred in maintaining the applicant's name on the sanctions list after he ceased holding relevant public office.
  2. 2 Whether the Council fulfilled its duty to provide a sufficient factual basis for continued listing.
  3. 3 Whether the periodic review of restrictive measures was properly conducted.

Ratio Decidendi

The Tribunal held that the Council failed to provide a sufficiently solid factual basis for maintaining the applicant's name on the sanctions list after he had ceased to hold any relevant public office and there was no evidence of ongoing involvement in actions compromising Ukraine's territorial integrity. The Council could not rely solely on past conduct or presume continued influence without concrete evidence. The periodic review required by law was not properly conducted, and the Council did not meet its burden of proof.

Court Disposition

application granted

Orders

  • Annulment of the Council acts maintaining the applicant's name on the sanctions list.
  • Council to bear its own costs and those of the applicant.