Ismailova v Council (Common foreign and security policy - Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Judgment) French Text [2024] EUECJ T-234/22 (08 May 2024)

Ismailova v Council (Common foreign and security policy - Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Judgment) French Text [2024] EUECJ T-234/22 (08 May 2024)

The Tribunal held that the applicant's rights of defence and right to be heard were not violated, as she was properly notified and given the opportunity to make observations, which were considered by the Council. The obligation to state reasons was fulfilled, as the Council provided sufficient and specific grounds...

Source-derived case information.

Citation
[2024] EUECJ T-234/22
Parties
Applicant: Gulbakhor Ismailova; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Action (recours En Annulation) / Final Judgment
Outcome
Application dismissed
Legal Topics
Common Foreign and Security Policy, Restrictive Measures, Sanctions Against Russia, Territorial Integrity of Ukraine, Right to Defence, Obligation to State Reasons, Proportionality, Property Rights
European Union Law Sanctions Law Human Rights Common Foreign and Security Policy Restrictive Measures Sanctions Against Russia Territorial Integrity of Ukraine Right to Defence +3 more

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Parties

Gulbakhor Ismailova

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Action (recours En Annulation) / Final Judgment

  1. 1 Whether the inclusion and maintenance of the applicant's name on the EU sanctions list was lawful
  2. 2 Whether the applicant's rights of defence and right to be heard were respected
  3. 3 Whether the obligation to state reasons was fulfilled

Ratio Decidendi

The Tribunal held that the applicant's rights of defence and right to be heard were not violated, as she was properly notified and given the opportunity to make observations, which were considered by the Council. The obligation to state reasons was fulfilled, as the Council provided sufficient and specific grounds for the listing. The evidence relied upon by the Council was adequate and not manifestly erroneous. The restrictive measures did not violate fundamental rights or the principle of proportionality. The Tribunal lacked jurisdiction to annul the general acts (Decision 2022/329 and Regulation 2022/330) as they were not individual measures against the applicant. The application was...

Court Disposition

Application dismissed

Orders

  • The application is dismissed in its entirety.
  • The applicant is ordered to bear her own costs and those of the Council.