Arbuzov v Council (Judgment) French Text [2017] EUECJ T-221/15 (07 July 2017)

Arbuzov v Council (Judgment) French Text [2017] EUECJ T-221/15 (07 July 2017)

The Tribunal found that the Council had provided specific and concrete reasons for maintaining the applicant's name on the list, based on ongoing criminal proceedings in Ukraine for misappropriation of public funds. The Council respected the applicant's rights of defence, including the right to be heard, and...

Source-derived case information.

Citation
[2017] EUECJ T-221/15
Parties
Applicant: Sergej Arbuzov; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment
Outcome
application dismissed
Legal Topics
Restrictive Measures, Asset Freezing, Right to Good Administration, Right to Property, Rights of Defence, Obligation to State Reasons
European Union Law Sanctions Law Human Rights Restrictive Measures Asset Freezing Right to Good Administration Right to Property Rights of Defence +1 more

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Summary, issues, holding and outcome

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Parties

Sergej Arbuzov

Applicant

Council of the European Union

Respondent

Procedural Posture

Action for Annulment / Final Judgment

  1. 1 Whether the Council violated the applicant's right to good administration under Article 41 of the Charter of Fundamental Rights of the European Union by maintaining his name on the list of persons subject to restrictive measures (asset freeze) in relation to Ukraine.
  2. 2 Whether the Council violated the applicant's right to property under Article 17 of the Charter by maintaining the restrictive measures.

Ratio Decidendi

The Tribunal found that the Council had provided specific and concrete reasons for maintaining the applicant's name on the list, based on ongoing criminal proceedings in Ukraine for misappropriation of public funds. The Council respected the applicant's rights of defence, including the right to be heard, and examined the relevant evidence with sufficient care and impartiality. The restrictive measures pursued a legitimate aim, were proportionate, and did not violate the applicant's right to property. No manifest error of assessment or procedural violation was established.

Court Disposition

application dismissed

Orders

  • The action is dismissed.
  • The applicant is ordered to pay the costs.