Azarov v Council (Judgment) French Text [2019] EUECJ T-286/18 (11 September 2019)

Azarov v Council (Judgment) French Text [2019] EUECJ T-286/18 (11 September 2019)

The Council failed to verify and indicate in its motivation that the Ukrainian authorities respected Azarov's rights of defence and effective judicial protection when maintaining his name on the sanctions list, as required by EU law and established jurisprudence. The factual basis relied upon was insufficient, and...

Source-derived case information.

Citation
[2019] EUECJ T-286/18
Parties
Applicant: Mykola Yanovych Azarov; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings / Final Judgment
Outcome
application granted
Legal Topics
Restrictive Measures, Asset Freezing, Ukraine Sanctions, Rights of Defence, Effective Judicial Protection
European Union Law International Law Human Rights Restrictive Measures Asset Freezing Ukraine Sanctions Rights of Defence Effective Judicial Protection

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Parties

Mykola Yanovych Azarov

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings / Final Judgment

  1. 1 Whether the Council verified respect for rights of defence and effective judicial protection before maintaining Azarov on the sanctions list
  2. 2 Whether the Council's motivation and factual basis for maintaining Azarov on the list were sufficient under EU law

Ratio Decidendi

The Council failed to verify and indicate in its motivation that the Ukrainian authorities respected Azarov's rights of defence and effective judicial protection when maintaining his name on the sanctions list, as required by EU law and established jurisprudence. The factual basis relied upon was insufficient, and the Council did not examine whether the criminal proceedings respected fundamental rights.

Court Disposition

application granted

Orders

  • Decision (PESC) 2018/333 and Regulation (EU) 2018/326 annulled insofar as Azarov's name was maintained on the sanctions list.
  • Council of the European Union condemned to pay costs.