Azarov v Council (Judgment) French Text [2020] EUECJ T-286/19 (16 December 2020)

Azarov v Council (Judgment) French Text [2020] EUECJ T-286/19 (16 December 2020)

The Council failed to demonstrate it had adequately verified that the Ukrainian judicial decisions underlying the restrictive measures against Azarov were adopted in respect of his rights of defence and right to effective judicial protection. The Council relied on generic references and did not address specific...

Source-derived case information.

Citation
[2020] EUECJ T-286/19
Parties
Applicant: Mykola Yanovych Azarov; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment
Outcome
application granted
Legal Topics
Restrictive Measures, Asset Freezing, Rights of Defence, Effective Judicial Protection, Ukraine Sanctions, EU Foreign Policy
European Union Law Sanctions Law Human Rights Law Restrictive Measures Asset Freezing Rights of Defence Effective Judicial Protection Ukraine Sanctions +1 more

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Parties

Mykola Yanovych Azarov

Applicant

Council of the European Union

Respondent

Procedural Posture

Action for Annulment / Final Judgment

  1. 1 Whether the Council of the European Union lawfully maintained Azarov on the list of persons subject to restrictive measures (asset freeze) in view of the situation in Ukraine.
  2. 2 Whether the Council adequately verified that the Ukrainian authorities' decisions underlying the restrictive measures respected Azarov's rights of defence and right to effective judicial protection.

Ratio Decidendi

The Council failed to demonstrate it had adequately verified that the Ukrainian judicial decisions underlying the restrictive measures against Azarov were adopted in respect of his rights of defence and right to effective judicial protection. The Council relied on generic references and did not address specific procedural concerns raised by Azarov, nor did it clarify whether the relevant Ukrainian decisions could be appealed or whether the conditions for proceedings in absentia were met. Therefore, the factual basis for maintaining Azarov on the list was not sufficiently solid, and the restrictive measures must be annulled insofar as they concern him.

Court Disposition

application granted

Orders

  • The contested acts (Council Decision (CFSP) 2019/354 and Council Implementing Regulation (EU) 2019/352) are annulled insofar as they concern Azarov.
  • The Council is ordered to pay the costs.