Azarov v Council (External relations - Judgment) French Text [2019] EUECJ C-416/18P (11 July 2019)

Azarov v Council (External relations - Judgment) French Text [2019] EUECJ C-416/18P (11 July 2019)

The Council failed to verify and state reasons that the Ukrainian decision underlying the asset freeze against Azarov respected rights of defence and effective judicial protection, as required by EU law and CJEU jurisprudence. This omission invalidates the restrictive measures against Azarov.

Source-derived case information.

Citation
[2019] EUECJ C-416/18P
Parties
Applicant: Mykola Yanovych Azarov; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed; restrictive measures annulled
Legal Topics
Restrictive Measures, Asset Freezing, Rights of Defence, Effective Judicial Protection, Ukraine Sanctions
European Union Law Sanctions Law Human Rights Law Restrictive Measures Asset Freezing Rights of Defence Effective Judicial Protection Ukraine Sanctions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mykola Yanovych Azarov

Applicant

Council of the European Union

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether the Council must verify that a third state decision underlying restrictive measures respects rights of defence and effective judicial protection
  2. 2 Whether the Council's failure to verify such rights invalidates the restrictive measures against Azarov

Ratio Decidendi

The Council failed to verify and state reasons that the Ukrainian decision underlying the asset freeze against Azarov respected rights of defence and effective judicial protection, as required by EU law and CJEU jurisprudence. This omission invalidates the restrictive measures against Azarov.

Court Disposition

appeal allowed; restrictive measures annulled

Orders

  • The judgment of the General Court of 26 April 2018 (T-190/16) is annulled.
  • Council Decision (PESC) 2016/318 and Regulation (EU) 2016/311 are annulled insofar as they concern Azarov.