Azarov v Council (Judgment) French Text [2017] EUECJ T-215/15 (07 July 2017)

Azarov v Council (Judgment) French Text [2017] EUECJ T-215/15 (07 July 2017)

The General Court held that the Council's decision to maintain Azarov on the asset freeze list was sufficiently reasoned, the rights of defence were respected, the measures were lawful, proportionate, and based on a sufficiently solid factual basis (the existence of criminal proceedings in Ukraine for...

Source-derived case information.

Citation
[2017] EUECJ T-215/15
Parties
Applicant: Mykola Yanovych Azarov; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings Under Article 263 TFEU / Judgment at First Instance (general Court, Sixth Chamber)
Outcome
Application dismissed
Legal Topics
Restrictive Measures, Asset Freezing, Rights of Defence, Right to Property, Proportionality, Good Administration, Manifest Error of Assessment
European Union Law Sanctions Law Human Rights Law Restrictive Measures Asset Freezing Rights of Defence Right to Property Proportionality +2 more

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Parties

Mykola Yanovych Azarov

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings Under Article 263 TFEU / Judgment at First Instance (general Court, Sixth Chamber)

  1. 1 Whether the Council's decision to maintain Azarov on the asset freeze list was sufficiently reasoned
  2. 2 Whether the applicant's rights of defence were respected
  3. 3 Whether the asset freeze violated the right to property and to conduct business

Ratio Decidendi

The General Court held that the Council's decision to maintain Azarov on the asset freeze list was sufficiently reasoned, the rights of defence were respected, the measures were lawful, proportionate, and based on a sufficiently solid factual basis (the existence of criminal proceedings in Ukraine for misappropriation of public funds). The Council was not required to independently verify the Ukrainian proceedings. No manifest error, misuse of power, or breach of good administration was established.

Court Disposition

Application dismissed

Orders

  • The application is dismissed in its entirety.
  • Applicant to bear his own costs and those of the Council.