Arbuzov v Council (Judgment) French Text [2016] EUECJ T-434/14 (28 January 2016)

Arbuzov v Council (Judgment) French Text [2016] EUECJ T-434/14 (28 January 2016)

The Council failed to demonstrate a sufficiently solid factual basis for including Sergej Arbuzov on the sanctions list, as the only evidence predating the decision was a general letter from the Ukrainian Prosecutor General lacking specific details about the applicant's alleged conduct. This did not meet the...

Source-derived case information.

Citation
[2016] EUECJ T-434/14
Parties
Applicant: Sergej Arbuzov; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings / Final Judgment
Outcome
application granted in part
Legal Topics
Restrictive Measures, Asset Freezing, Ukraine Sanctions, Due Process, Evidence Requirements
European Union Law Sanctions Law Restrictive Measures Asset Freezing Ukraine Sanctions Due Process Evidence Requirements

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Sergej Arbuzov

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Proceedings / Final Judgment

  1. 1 Whether the inclusion of Sergej Arbuzov on the EU sanctions list was based on a sufficiently solid factual basis
  2. 2 Whether the Council complied with procedural and substantive requirements for restrictive measures

Ratio Decidendi

The Council failed to demonstrate a sufficiently solid factual basis for including Sergej Arbuzov on the sanctions list, as the only evidence predating the decision was a general letter from the Ukrainian Prosecutor General lacking specific details about the applicant's alleged conduct. This did not meet the evidentiary threshold required for restrictive measures under EU law.

Court Disposition

application granted in part

Orders

  • The Council Decision 2014/119/PESC, as amended by Implementing Decision 2014/216/PESC, is annulled insofar as it concerns Sergej Arbuzov.
  • The Council of the European Union is ordered to pay its own costs and those of Sergej Arbuzov.