CELEX:62021TJ0523: Hotărârea Tribunalului (Camera a cincea) din 13 septembrie 2023.#Alexander Evgenevich Shatrov împotriva Consiliului Uniunii Europene.#Cauze T-523/21 și T-216/22.

1.

European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Belarus – Freezing of funds of certain persons and entities having regard to the situation in Belarus – Scope of the review – Obligation on the competent EU authority to establish, in the event of challenge, that the reasons relied on against the persons or entities concerned are well founded

(Charter of Fundamental Rights of the European Union, Art. 47; Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2021/1002 and (CFSP) 2022/307; Council Regulations No 765/2006, 2021/997 and 2022/300)

(see paragraphs 33-37)

2.

European Union – Judicial review of the legality of the acts of the institutions – Restrictive measures against Belarus – Scope of the review – Piece of evidence submitted as exculpatory evidence by the person subject to the restrictive measures – Included

(Council Decision 2012/642/CFSP, as amended by Decisions (CFSP) 2021/1002 and (CFSP) 2022/307; Council Regulations No 765/2006, 2021/997 and 2022/300)

(see paragraphs 38, 50, 71)

3.

Common foreign and security policy – Restrictive measures against Belarus – Criteria for adopting restrictive measures – Persons, entities and bodies responsible for serious violations of human rights, the repression of civil society or democratic opposition, or undermining democracy or the rule of law – Concept – No error of assessment

(Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2021/1002, Art. 4(1)(a), and Annex; Council Regulations No 765/2006, Art. 2(4) and 2021/977, Annex)

(see paragraphs 47-48, 62-66, 70-73, 80-82, 87-91)

4.

Common foreign and security policy – Restrictive measures against Belarus – Scope – Persons, entities and bodies responsible for serious violations of human rights, the repression of civil society or democratic opposition, or undermining democracy or the rule of law – Concept – Person who contributed by his or her past activities to the repression of civil society and democratic opposition – Conditions – No error of assessment

(Council Decision 2012/642/CFSP, as amended by Decision (CFSP) 2022/307, Art. 4(1)(a), and Annex; Council Regulations No 765/2006, Art. 2(4) and 2022/300, Annex)

(see paragraphs 96-101)

1.

Joins Cases T‑523/21 and T‑216/22 for the purposes of the judgment;

2.

Dismisses the actions;

3.

Orders Mr Alexander Evgenevich Shatrov to bear his own costs and to pay those incurred by the Council of the European Union.