{ "attribution": { "source": "legal.exploreworldai.com", "canonical": "https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-399-25-p", "cite_as": "NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-399-25-p)", "license": "https://legal.exploreworldai.com/revision", "version": "legal-2026-10-09", "fingerprint": "ewai:eu:af38ec", "proof": "sha256:af7f53c29924e751b2c3d287352024cffcd64a0651e696ccc42720c823828e86", "jurisdiction": "eu", "lang": "en", "publisher": "NovaCopilot by ExploreWorld Legal", "terms": "https://legal.exploreworldai.com/om" }, "brand_source": "Source: NovaCopilot", "item": { "schema_version": "1.0.0", "id": "eu:c-399-25-p", "jurisdiction": "eu", "lang": "en", "brand_source": "Source: NovaCopilot", "brand": { "product": "NovaCopilot", "platform": "ExploreWorldAI", "infrastructure": "ExploreWorld Legal", "infrastructure_url": "legal.exploreworldai.com", "legal_entity": "Valkiv Ventures AB", "permanent_url": "https://legal.exploreworldai.com/novacopilot", "source": "Source: NovaCopilot", "powered_by": "Powered by NovaCopilot", "license": "https://legal.exploreworldai.com/licensvillkor" }, "sections": [ { "title": "Provisional text", "paragraphs": [] }, { "title": "JUDGMENT OF THE COURT (Third Chamber)", "paragraphs": [] }, { "title": "16 July 2026 ( * )", "paragraphs": [ "para_4", "para_5", "para_6", "para_7", "para_8", "para_9", "para_10", "para_11", "para_12", "para_13", "para_14", "para_15", "para_16", "para_17", "para_18", "para_19", "para_20" ] }, { "title": "Judgment", "paragraphs": [ "para_22" ] }, { "title": "Legal context and background to the dispute", "paragraphs": [ "para_24", "para_25", "para_26", "para_27", "para_28", "para_29" ] }, { "title": "Directive 2004/38/EC", "paragraphs": [ "para_31" ] }, { "title": "9         Recital 2 of Directive 2004/38 states:", "paragraphs": [ "para_33" ] }, { "title": "10       Article 1 of that directive, headed ‘Subject’, provides:", "paragraphs": [ "para_35", "para_36", "para_37", "para_38", "para_39", "para_40", "para_41", "para_42", "para_43", "para_44" ] }, { "title": "Decision 2014/145", "paragraphs": [ "para_46", "para_47", "para_48", "para_49", "para_50", "para_51", "para_52", "para_53", "para_54" ] }, { "title": "(a)      as a host country to an international intergovernmental organisation;", "paragraphs": [ "para_56" ] }, { "title": "(c)      under a multilateral agreement conferring privileges and immunities; or", "paragraphs": [ "para_58", "para_59", "para_60", "para_61", "para_62" ] }, { "title": "15       Article 2(1)(a), (d) and in fine of Decision 2014/145 reads as follows:", "paragraphs": [ "para_64", "para_65", "para_66", "para_67", "para_68", "para_69" ] }, { "title": "Regulation No 2 69/2014", "paragraphs": [ "para_71" ] }, { "title": "The acts at issue", "paragraphs": [ "para_73", "para_74", "para_75", "para_76" ] }, { "title": "The action before the General Court and the judgment under appeal", "paragraphs": [ "para_78", "para_79", "para_80", "para_81" ] }, { "title": "Forms of order sought by the parties to the appeal", "paragraphs": [] }, { "title": "22       By her appeal, the appellant claims that the Court should:", "paragraphs": [ "para_84", "para_85", "para_86", "para_87" ] }, { "title": "24       The Council and the European Commission contend that the Court should:", "paragraphs": [ "para_89", "para_90", "para_91" ] }, { "title": "The first ground of appeal", "paragraphs": [] }, { "title": "Arguments of the parties", "paragraphs": [ "para_94", "para_95", "para_96" ] }, { "title": "Findings of the Court", "paragraphs": [ "para_98", "para_99", "para_100", "para_101", "para_102", "para_103", "para_104", "para_105", "para_106", "para_107", "para_108", "para_109" ] }, { "title": "The second ground of appeal", "paragraphs": [] }, { "title": "Arguments of the parties", "paragraphs": [ "para_112", "para_113", "para_114" ] }, { "title": "Findings of the Court", "paragraphs": [ "para_116", "para_117", "para_118" ] }, { "title": "The third ground of appeal", "paragraphs": [] }, { "title": "Arguments of the parties", "paragraphs": [ "para_121", "para_122", "para_123" ] }, { "title": "Findings of the Court", "paragraphs": [ "para_125", "para_126", "para_127", "para_128", "para_129", "para_130", "para_131", "para_132", "para_133", "para_134", "para_135", "para_136", "para_137" ] }, { "title": "The fourth ground of appeal", "paragraphs": [] }, { "title": "Arguments of the parties", "paragraphs": [ "para_140", "para_141", "para_142", "para_143" ] }, { "title": "Findings of the Court", "paragraphs": [ "para_145", "para_146", "para_147", "para_148", "para_149", "para_150", "para_151", "para_152", "para_153", "para_154", "para_155", "para_156", "para_157", "para_158", "para_159", "para_160", "para_161", "para_162", "para_163" ] }, { "title": "Admissibility of the adaptation of the appellant’s heads of claim", "paragraphs": [ "para_165", "para_166", "para_167" ] }, { "title": "Costs", "paragraphs": [ "para_169", "para_170" ] }, { "title": "On those grounds, the Court (Third Chamber) hereby:", "paragraphs": [] }, { "title": "1.       Dismisses the appeal;", "paragraphs": [ "para_173", "para_174", "para_175" ] } ], "paragraphs": [ { "text": "Provisional text", "paragraph_id": "para_1" }, { "text": "JUDGMENT OF THE COURT (Third Chamber)", "paragraph_id": "para_2" }, { "text": "16 July 2026 ( * )", "paragraph_id": "para_3" }, { "text": "( Appeal – Restrictive measures taken in view of the military aggression against Ukraine – Decision 2014/145/CFSP – Article 1(1) in fine and Article 2(1) in fine – Restrictive measures imposed on a natural person associated with another natural person who is in turn subject to restrictive measures – …", "paragraph_id": "para_4" }, { "text": "In Case C‑399/25 P,", "paragraph_id": "para_5" }, { "text": "APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 13 June 2025,", "paragraph_id": "para_6" }, { "text": "Elena Petrovna Timchenko, residing in Moscow (Russia), represented by S. Bonifassi, T. Bontinck, E. Fedorova and J. Goffin, avocats,", "paragraph_id": "para_7" }, { "text": "appellant,", "paragraph_id": "para_8" }, { "text": "the other parties to the proceedings being:", "paragraph_id": "para_9" }, { "text": "Council of the European Union, represented by M.-C. Cadilhac and V. Piessevaux, acting as Agents,", "paragraph_id": "para_10" }, { "text": "defendant at first instance,", "paragraph_id": "para_11" }, { "text": "European Commission, represented by M. Carpus-Carcea and C. Giolito, acting as Agents,", "paragraph_id": "para_12" }, { "text": "intervener at first instance,", "paragraph_id": "para_13" }, { "text": "THE COURT (Third Chamber),", "paragraph_id": "para_14" }, { "text": "composed of C. Lycourgos, President of the Chamber, O. Spineanu-Matei (Rapporteur), S. Rodin, N. Piçarra and N. Fenger, Judges,", "paragraph_id": "para_15" }, { "text": "Advocate General: J. Kokott,", "paragraph_id": "para_16" }, { "text": "Registrar: A. Calot Escobar,", "paragraph_id": "para_17" }, { "text": "having regard to the written procedure,", "paragraph_id": "para_18" }, { "text": "having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,", "paragraph_id": "para_19" }, { "text": "gives the following", "paragraph_id": "para_20" }, { "text": "Judgment", "paragraph_id": "para_21" }, { "text": "1         By her appeal, Mrs Elena Petrovna Timchenko seeks to have set aside the judgment of the General Court of the European Union of 2 April 2025, Timchenko v Council (T‑298/23, EU:T:2025:353; ‘the judgment under appeal’), by which the General Court dismissed her action seeking, first, annulment …", "paragraph_id": "para_22" }, { "text": "Legal context and background to the dispute", "paragraph_id": "para_23" }, { "text": "2         The factual and legal background to the present case is set out in paragraphs 2 to 24 of the judgment under appeal. For the purposes of the present proceedings, it may be summarised and supplemented as follows.", "paragraph_id": "para_24" }, { "text": "3         The present case arises in the context of the restrictive measures adopted by the European Union since 2014 in response to actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.", "paragraph_id": "para_25" }, { "text": "4         The applicant is the wife of the businessperson Mr Gennady Nikolayevich Timchenko. Both have Russian and Finnish nationalities.", "paragraph_id": "para_26" }, { "text": "5         On 17 March 2014, on the basis of Article 29 TEU, the Council of the European Union adopted Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 16).", "paragraph_id": "para_27" }, { "text": "6         On the same date, on the basis of Article 215(2) TFEU, the Council adopted Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 6).", "paragraph_id": "para_28" }, { "text": "7         Following the invasion of Ukraine by the armed forces of the Russian Federation on 24 February 2022, on 25 February 2022, the Council adopted Decision (CFSP) 2022/329 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territ …", "paragraph_id": "para_29" }, { "text": "Directive 2004/38/EC", "paragraph_id": "para_30" }, { "text": "8         Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 6 …", "paragraph_id": "para_31" }, { "text": "9         Recital 2 of Directive 2004/38 states:", "paragraph_id": "para_32" }, { "text": "‘The free movement of persons constitutes one of the fundamental freedoms of the internal market, which comprises an area without internal frontiers, in which freedom is ensured in accordance with the provisions of the Treaty.’", "paragraph_id": "para_33" }, { "text": "10       Article 1 of that directive, headed ‘Subject’, provides:", "paragraph_id": "para_34" }, { "text": "‘This Directive lays down:", "paragraph_id": "para_35" }, { "text": "(a)      the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by Union citizens and their family members;", "paragraph_id": "para_36" }, { "text": "(b)      the right of permanent residence in the territory of the Member States for Union citizens and their family members;", "paragraph_id": "para_37" }, { "text": "(c)      the limits placed on the rights set out in (a) and (b) on grounds of public policy, public security or public health.’", "paragraph_id": "para_38" }, { "text": "11       Opening Chapter VI of that directive, which is headed ‘Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health’, Article 27 thereof, headed ‘General principles’, is worded as follows:", "paragraph_id": "para_39" }, { "text": "‘1.      Subject to the provisions of this Chapter, Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health. These grounds shall not be invoked to serve economic ends.", "paragraph_id": "para_40" }, { "text": "2.      Measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned. Previous criminal convictions shall not in themselves constitute grounds for taking such measures.", "paragraph_id": "para_41" }, { "text": "The personal conduct of the individual concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted.", "paragraph_id": "para_42" }, { "text": "…’", "paragraph_id": "para_43" }, { "text": "12       That directive is, under Article 42 thereof, addressed to the Member States.", "paragraph_id": "para_44" }, { "text": "Decision 2014/145", "paragraph_id": "para_45" }, { "text": "13       Article 1(1) of Decision 2014/145, as amended, in particular, by Decision 2022/329 (‘Decision 2014/145’), prohibits the entry into, or transit through, the territories of the Member States of, inter alia, natural persons meeting the criteria laid down, in particular, in paragraphs (a) and ( …", "paragraph_id": "para_46" }, { "text": "14       Article 1 of that decision, in the version applicable to the present case, provided:", "paragraph_id": "para_47" }, { "text": "‘1.      Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:", "paragraph_id": "para_48" }, { "text": "(a)      natural persons responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine;", "paragraph_id": "para_49" }, { "text": "(b)      natural persons supporting, materially or financially, or benefitting from Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Ukraine;", "paragraph_id": "para_50" }, { "text": "…", "paragraph_id": "para_51" }, { "text": "and natural persons associated with them, as listed in the Annex.", "paragraph_id": "para_52" }, { "text": "2.      Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.", "paragraph_id": "para_53" }, { "text": "3.      Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:", "paragraph_id": "para_54" }, { "text": "(a)      as a host country to an international intergovernmental organisation;", "paragraph_id": "para_55" }, { "text": "(b)      as a host country to an international conference convened by, or under the auspices of the United Nations;", "paragraph_id": "para_56" }, { "text": "(c)      under a multilateral agreement conferring privileges and immunities; or", "paragraph_id": "para_57" }, { "text": "(d)      under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and [the Italian Republic].", "paragraph_id": "para_58" }, { "text": "4.      Paragraph 3 shall be considered as also applying in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).", "paragraph_id": "para_59" }, { "text": "5.      The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.", "paragraph_id": "para_60" }, { "text": "6.      Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, and those promoted or hosted by the Union, or hosted by a Member State holding the Chair …", "paragraph_id": "para_61" }, { "text": "…’", "paragraph_id": "para_62" }, { "text": "15       Article 2(1)(a), (d) and in fine of Decision 2014/145 reads as follows:", "paragraph_id": "para_63" }, { "text": "‘All funds and economic resources belonging to, or owned, held or controlled by:", "paragraph_id": "para_64" }, { "text": "(a)      natural persons responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine;", "paragraph_id": "para_65" }, { "text": "…", "paragraph_id": "para_66" }, { "text": "(d)      natural or legal persons, entities or bodies supporting, materially or financially, or benefitting from Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Ukraine;", "paragraph_id": "para_67" }, { "text": "…", "paragraph_id": "para_68" }, { "text": "and natural or legal persons, entities or bodies associated with them, as listed in the Annex, shall be frozen.’", "paragraph_id": "para_69" }, { "text": "Regulation No 2 69/2014", "paragraph_id": "para_70" }, { "text": "16       Article 3(1) of Regulation No 269/2014, as amended, in particular, by Regulation 2022/330 (‘Regulation No 269/2014’), sets out the criteria governing, inter alia, the inclusion, on the list in Annex I to Regulation No 269/2014, of the names of natural persons whose funds and economic resour …", "paragraph_id": "para_71" }, { "text": "The acts at issue", "paragraph_id": "para_72" }, { "text": "17       On 13 March 2023, the Council, by way of the acts at issue, maintained the restrictive measures initially taken against the appellant by way of Council Decision (CFSP) 2022/582 of 8 April 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining …", "paragraph_id": "para_73" }, { "text": "‘[Mrs] Timchenko is the wife of [Mr] Timchenko, a long-time acquaintance of President Vladimir Putin and one of his confidants.", "paragraph_id": "para_74" }, { "text": "She carries out business activities, together with her husband, through the real estate company SCI Ruth and the company Maples S.A., and acquired real estate jointly with her husband, which demonstrates important property ties between them.", "paragraph_id": "para_75" }, { "text": "Furthermore, she participates in her husband’s public affairs through the Timchenko Foundation which she co-founded with her husband and in which she plays an important role and she is closely associated with her husband. In addition, this foundation carries out some of its activities in connection …", "paragraph_id": "para_76" }, { "text": "The action before the General Court and the judgment under appeal", "paragraph_id": "para_77" }, { "text": "18       By application of 24 May 2023, the appellant brought an action before the General Court seeking, inter alia, annulment of the acts at issue. To that end, she raised six pleas in law, the first of which alleged manifest error of assessment on the part of the Council, while the fifth plea all …", "paragraph_id": "para_78" }, { "text": "19       By the judgment under appeal, the General Court rejected the first plea by which the appellant claimed that the Council had made a manifest error of assessment in considering that she was ‘associated’ with her husband under the criterion laid down in Article 1(1) in fine and Article 2(1) in …", "paragraph_id": "para_79" }, { "text": "20       The General Court also rejected the fifth plea raised by the appellant. In paragraphs 95 to 97 of the judgment under appeal, it held, in essence, that restrictions on the exercise of the right to freedom of movement and of residence of Union citizens enshrined in Article 21 TFEU and Article …", "paragraph_id": "para_80" }, { "text": "21       Since it had also rejected the other pleas raised by the appellant, the General Court, in paragraph 136 of the judgment under appeal, dismissed the action in its entirety.", "paragraph_id": "para_81" }, { "text": "Forms of order sought by the parties to the appeal", "paragraph_id": "para_82" }, { "text": "22       By her appeal, the appellant claims that the Court should:", "paragraph_id": "para_83" }, { "text": "–        set aside the judgment under appeal, including in so far as it ordered the appellant to bear her own costs and to pay those incurred by the Council;", "paragraph_id": "para_84" }, { "text": "–        dispose of the action on the merits and annul the acts at issue in so far as they concern the appellant; and", "paragraph_id": "para_85" }, { "text": "–        order the Council to pay the costs at first instance and on appeal.", "paragraph_id": "para_86" }, { "text": "23       In her reply, the appellant requests, moreover, that the Court allow the adaptation of her heads of claim so that, in the event that the judgment under appeal should be set aside, the case would be referred back to the General Court for a ruling on the claim for compensation that she submitted at first instance.", "paragraph_id": "para_87" }, { "text": "24       The Council and the European Commission contend that the Court should:", "paragraph_id": "para_88" }, { "text": "–        dismiss the appeal; and", "paragraph_id": "para_89" }, { "text": "–        order the appellant to pay the costs.", "paragraph_id": "para_90" }, { "text": "25       In support of her appeal, the appellant raises four grounds of appeal, the first alleging error of law on the part of the General Court in relying on an arbitrary and unacceptably broad interpretation of the association criterion, and infringement of the obligation to state reasons; the sec …", "paragraph_id": "para_91" }, { "text": "The first ground of appeal", "paragraph_id": "para_92" }, { "text": "Arguments of the parties", "paragraph_id": "para_93" }, { "text": "26       By her first ground of appeal, the appellant submits that the General Court, in the definition of the association criterion given in paragraph 74 of the judgment under appeal, adopted, in disregard of the principle of legal certainty, an overly broad and unforeseeable interpretation of the …", "paragraph_id": "para_94" }, { "text": "27       The appellant adds that, in the case at hand, the General Court failed to identify, in paragraphs 81 to 83 of the judgment under appeal, which interests she and her husband shared within the foundation in which they both engaged in voluntary activities, thereby vitiating its reasoning by a …", "paragraph_id": "para_95" }, { "text": "28       The Council and the Commission dispute the appellant’s arguments.", "paragraph_id": "para_96" }, { "text": "Findings of the Court", "paragraph_id": "para_97" }, { "text": "29       As regards, first, the appellant’s argument that, in the definition of the concept of ‘association’ given in paragraph 74 of the judgment under appeal, the General Court disregarded the principle of legal certainty in its interpretation of that concept, it should be recalled that, in that p …", "paragraph_id": "para_98" }, { "text": "30       The Court of Justice has already had occasion, in the case which gave rise to the judgment of 1 August 2025, Timchenko v Council (C‑703/23 P, EU:C:2025:608), to rule on a definition of the concept of ‘association’, which is substantially identical to that given by the General Court in parag …", "paragraph_id": "para_99" }, { "text": "31       In particular, the Court of Justice stated, in paragraph 34 of the judgment of 1 August 2025, Timchenko v Council (C‑703/23 P, EU:C:2025:608), that that definition did not infringe the principle of legal certainty since the General Court had identified sufficiently clear and precise criteri …", "paragraph_id": "para_100" }, { "text": "32       Accordingly, it cannot be held that, in paragraph 74 of the judgment under appeal, the General Court disregarded that principle by adopting an overly broad or unforeseeable definition of the concept of ‘association’ or by failing, in that judgment, to set out how, by their nature, quality or quantity, common interests can go beyond the mere community of interests inherent in any family relationship.", "paragraph_id": "para_101" }, { "text": "33       Second, as regards the alleged infringement, in paragraphs 81 to 83 of the judgment under appeal, of the General Court’s obligation to state reasons, it should be recalled that the statement of reasons for a judgment or an order of the General Court must clearly and unequivocally disclose t …", "paragraph_id": "para_102" }, { "text": "34       In that regard, it should be pointed out that, in paragraphs 81 to 83 of the judgment under appeal, the General Court gave legal characterisations on the basis of findings of fact made in paragraphs 76 to 80 of that judgment, in respect of which the appellant makes no claim of distortion. C …", "paragraph_id": "para_103" }, { "text": "35       Furthermore, it should be observed that the examination conducted by the General Court in paragraphs 76 to 83 of the judgment under appeal relates to the grounds of the acts at issue, according to which the appellant ‘participates in her husband’s public affairs through the Timchenko Founda …", "paragraph_id": "para_104" }, { "text": "36       In that context, the General Court found, in paragraphs 76 to 80 of the judgment under appeal, first, that Mr and Mrs Timchenko were personally involved in a common legal framework, namely a charitable foundation which bears their name and carries out numerous charitable activities througho …", "paragraph_id": "para_105" }, { "text": "37       In doing so, the General Court, in full compliance with its obligation to state reasons and with the definition of the concept of ‘association’ given in paragraph 74 of the judgment under appeal, explained that the Council could legitimately apply the association criterion to the appellant. …", "paragraph_id": "para_106" }, { "text": "38       As regards the complaint concerning the final two sentences of paragraph 83 of the judgment under appeal, by way of which the General Court found that that extra-familial dimension was borne out by the fact that that foundation contributed to giving an enhanced public image of Mr and Mrs Ti …", "paragraph_id": "para_107" }, { "text": "39       As to paragraph 82 of the judgment under appeal, in which the General Court stated that it was irrelevant that the Timchenko Foundation had no commercial aims and that the activity of Mr and Mrs Timchenko in that foundation was voluntary, it should be noted that that paragraph expressly ref …", "paragraph_id": "para_108" }, { "text": "40       In the light of the foregoing, the first ground of appeal must be rejected as unfounded.", "paragraph_id": "para_109" }, { "text": "The second ground of appeal", "paragraph_id": "para_110" }, { "text": "Arguments of the parties", "paragraph_id": "para_111" }, { "text": "41       By way of her second ground of appeal, the appellant complains that the General Court held, in paragraph 82 of the judgment under appeal, that it was not necessary to establish a link between the appellant’s activities in the Timchenko Foundation and the invasion of Ukraine by the Russian F …", "paragraph_id": "para_112" }, { "text": "42       The Council takes the view that the second ground of appeal is inadmissible since the paragraph 82 to which the appellant refers is not that in the judgment under appeal, but instead that in the judgment of 6 September 2023, Timchenko v Council (T‑361/22, EU:T:2023:502), which the Court of Justice examined in its judgment of 1 August 2025, Timchenko v Council (C‑703/23 P, EU:C:2025:608). On the substance, the Council disputes the appellant’s arguments.", "paragraph_id": "para_113" }, { "text": "43       The Commission also asks that the Court reject the second ground of appeal as inadmissible, in that the appellant is in fact disputing the findings of fact made by the General Court or seeking to obtain a re-examination of the evidence. On the substance, the Commission disputes the appellant’s arguments.", "paragraph_id": "para_114" }, { "text": "Findings of the Court", "paragraph_id": "para_115" }, { "text": "44       As regards the admissibility of the second ground of appeal, which is disputed by both the Council and the Commission, it should be recalled that it follows from the second subparagraph of Article 256(1) TFEU, the first paragraph of Article 58 of the Statute of the Court of Justice of the E …", "paragraph_id": "para_116" }, { "text": "45       In the present case, as the Council rightly states, the paragraph 82 to which the appellant refers in the context of her second ground of appeal is not the paragraph 82 contained in the judgment under appeal. That paragraph 82 is that set out in the judgment of 6 September 2023, Timchenko v …", "paragraph_id": "para_117" }, { "text": "46       Having regard to the fact that none of the paragraphs in the judgment under appeal contains reasoning identical to that contained in paragraph 82 of the judgment of 6 September 2023, Timchenko v Council (T‑361/22, EU:T:2023:502), and in the absence of any explanation thereof from the appell …", "paragraph_id": "para_118" }, { "text": "The third ground of appeal", "paragraph_id": "para_119" }, { "text": "Arguments of the parties", "paragraph_id": "para_120" }, { "text": "47       By her third ground of appeal, the appellant submits that, in paragraphs 95 and 96 of the judgment under appeal, the General Court erred in law by ruling that the Council could, by way of a decision adopted under Article 29 TEU, restrict the freedom of movement that she enjoys on the territ …", "paragraph_id": "para_121" }, { "text": "48       However, it is not apparent either from the wording of Article 29 TEU or of the Treaties that that freedom of movement can be curtailed by restrictive measures adopted under Article 29 TEU. The General Court ought thus to have examined, in the present case, whether, as the EU institution th …", "paragraph_id": "para_122" }, { "text": "49       The Council and the Commission dispute the appellant’s arguments.", "paragraph_id": "para_123" }, { "text": "Findings of the Court", "paragraph_id": "para_124" }, { "text": "50       In paragraphs 95 and 96 of the judgment under appeal, the General Court ruled, in essence, that pursuant to Article 21(1) TFEU, the right of EU citizens to move and reside freely in the territories of the Member States is to be exercised subject to the limitations and conditions provided fo …", "paragraph_id": "para_125" }, { "text": "51       In so doing, the General Court did not err in law.", "paragraph_id": "para_126" }, { "text": "52       In that connection, it should be recalled that EU citizens – who are, pursuant to Article 9 TEU and Article 20(1) TFEU, any natural person who is a national of a Member State – have the right, directly conferred in Article 20(2)(a) and Article 21(1) TFEU, to move and reside freely on the te …", "paragraph_id": "para_127" }, { "text": "53       It follows that, as the General Court rightly held in paragraph 95 of the judgment under appeal, the right to freedom of movement and residence of EU citizens can be restricted and subject to conditions under both the FEU Treaty and the EU Treaty.", "paragraph_id": "para_128" }, { "text": "54       As the General Court recalled in paragraph 96 of the judgment under appeal, in the area of the CFSP, the Council may, under Article 29 TEU, adopt decisions which define the approach of the European Union to a particular matter of a geographical or thematic nature, an approach that may encom …", "paragraph_id": "para_129" }, { "text": "55       Having regard to the broad discretion which the Council has in order to attain those objectives in the area of the CFSP and the fact that neither the wording of Article 29 TEU nor, more generally, that of the provisions of the EU and FEU Treaties relating to the CFSP neither prescribe nor p …", "paragraph_id": "para_130" }, { "text": "56       Consequently, as the General Court correctly ruled at the end of paragraph 96 of the judgment under appeal, it is irrelevant that such restrictions or conditions do not match those provided for by Directive 2004/38, which seeks, in accordance with Article 1(c) and Article 27 thereof, read i …", "paragraph_id": "para_131" }, { "text": "57       That interpretation is not invalidated, moreover, by the second paragraph of Article 40 TEU, to which the appellant refers. Under that provision, the implementation of the policies listed in Articles 3 to 6 TFEU is not to affect the application of the procedures and the extent of the powers …", "paragraph_id": "para_132" }, { "text": "58       Moreover, contrary to what the appellant maintains, the fact that, when restrictive measures are adopted, under Article 29 TEU, seeking to limit free movement, on the territory of the Member States, of natural persons, including those who are EU citizens, the Council is not bound by the procedural rules and guarantees provided by Directive 2004/38 does not mean that that institution has power in that regard which is not limited by EU law.", "paragraph_id": "para_133" }, { "text": "59       In fact, first, as the General Court stated in paragraphs 96 and 101 of the judgment under appeal, the adoption of such measures must be conducted having regard to the principle of international law, reiterated in Article 3 of Protocol No 4 to the European Convention for the Protection of H …", "paragraph_id": "para_134" }, { "text": "60       Second, it should be borne in mind that any decision adopting such measures under Article 29 TEU, with the aim, as the General Court observed in paragraph 97 of the judgment under appeal, of putting pressure on a third country with a view to attaining the objectives referred to in Article 2 …", "paragraph_id": "para_135" }, { "text": "61       Third, having regard to the fact that the right of EU citizens to move and reside freely on the territory of the Member States is also a fundamental right inasmuch as it is guaranteed under Article 45(1) of the Charter, the obstacle placed by decisions adopted under Article 29 TEU to that r …", "paragraph_id": "para_136" }, { "text": "62       In the light of the foregoing, the third ground of appeal must be rejected as unfounded.", "paragraph_id": "para_137" }, { "text": "The fourth ground of appeal", "paragraph_id": "para_138" }, { "text": "Arguments of the parties", "paragraph_id": "para_139" }, { "text": "63       By way of her fourth ground of appeal, which is divided into two parts, the appellant submits in essence that the General Court erred in law and infringed its obligation to state reasons by finding that the limitation, placed by the restrictive measures to which she is subject, on her right …", "paragraph_id": "para_140" }, { "text": "64       As regards the first part, the appellant argues that the General Court, in its examination of whether the limitation on the appellant’s right to move and reside freely was proportionate, erred in law and infringed its obligation to state reasons by failing to identify serious personal condu …", "paragraph_id": "para_141" }, { "text": "65       As regards the second part, the appellant disputes the General Court’s reasoning in paragraphs 101 and 104 of the judgment under appeal. She submits that, contrary to the finding made by the General Court, the scale of the restriction, by way of the restrictive measures to which she is subj …", "paragraph_id": "para_142" }, { "text": "66       In so far as concerns the first part of the fourth ground of appeal, the Council argues that that part is inadmissible in that the appellant fails to identify those passages of the judgment under appeal to which she objects, while the Commission takes the view that that part is inadmissible since the appellant advances a new argument that the General Court did not examine. On the substance, both the Council and the Commission dispute the appellant’s arguments.", "paragraph_id": "para_143" }, { "text": "Findings of the Court", "paragraph_id": "para_144" }, { "text": "–        Admissibility of the first part of the fourth ground of appeal", "paragraph_id": "para_145" }, { "text": "67       First, it is true that, as the Council contends, the appellant has failed to identify exactly those passages of the judgment under appeal to which she refers by way of the line of argument set out in support of the first part of the fourth ground of appeal. Nevertheless, having regard to th …", "paragraph_id": "para_146" }, { "text": "68       Second, it should be borne in mind that, in accordance with settled case-law, to allow a party to put forward for the first time before the Court of Justice a plea and arguments which it did not raise before the General Court would be to authorise it to bring before the Court of Justice, wh …", "paragraph_id": "para_147" }, { "text": "69       In the light of those lines of authority, it must be held that, contrary to what the Commission argues, the appellant does not, in the first part of the fourth ground of appeal, seek to submit a fresh argument that has not been examined by the General Court. In fact, by submitting in essenc …", "paragraph_id": "para_148" }, { "text": "70       It follows that the first part of the fourth ground of appeal is admissible in its entirety.", "paragraph_id": "para_149" }, { "text": "–        Substance", "paragraph_id": "para_150" }, { "text": "71       As regards the first part of the fourth ground of appeal, first, the appellant’s argument that, in paragraphs 103 to 106 of the judgment under appeal, the General Court erred in law by failing to examine, in the light of the rules under Directive 2004/38, the proportionality of the interference in her fundamental right to move and reside freely on the territory of the Member States under Article 45(1) of the Charter, must be rejected.", "paragraph_id": "para_151" }, { "text": "72       It should be recalled, on the one hand, that in accordance with paragraphs 56 to 61 of the present judgment, the General Court did not err in law by essentially ruling that, by adopting, under Article 29 TEU, restrictive measures intended to limit the right to free movement and residence of natural persons who hold EU citizenship, the Council was not bound by the procedural rules and guarantees provided for by Directive 2004/38.", "paragraph_id": "para_152" }, { "text": "73       On the other hand, in order to determine whether the interference with a fundamental right such as that guaranteed by Article 45(1) of the Charter as a result of limitations on that right by an EU act is proportionate, in accordance with the requirements under the second sentence of Article …", "paragraph_id": "para_153" }, { "text": "74       Consequently, the General Court neither erred in law nor infringed its obligation to state reasons by failing to assess whether the limitation on the appellant’s right to move and reside freely was proportionate in the light of the procedural rules and guarantees provided for by that directive.", "paragraph_id": "para_154" }, { "text": "75       Second, the appellant claims that the General Court infringed its obligation to state reasons by failing to ascertain, in its examination of the proportionality of the interference in her fundamental right to move and reside freely on the territory of the Member States other than the Republ …", "paragraph_id": "para_155" }, { "text": "76       That argument must also be rejected in so far as, with the benefit of the case-law recalled in paragraph 33 of the present judgment, the examination of whether that prohibition is appropriate is apparent from paragraphs 105 and 106 of the judgment under appeal. In fact, by stating, in parag …", "paragraph_id": "para_156" }, { "text": "77       By the second part of the fourth ground of appeal, the appellant submits that the General Court erred in law by finding, in paragraphs 101 and 104 of the judgment under appeal, that the limitation on her right to move and reside freely on the territory of the Member States, guaranteed under Article 45(1) of the Charter, respected the essence of that right.", "paragraph_id": "para_157" }, { "text": "78       In that connection, it should be noted that paragraph 104 of the judgment under appeal relates to the necessity of that limitation in the light of the principle of proportionality, and that only paragraph 101 of that judgment concerns the question of respect for the essence of that right. In those circumstances, it must be held that the second part of the fourth ground of appeal concerns the latter paragraph only.", "paragraph_id": "para_158" }, { "text": "79       It should be recalled that, pursuant to the first sentence of Article 52(1) of the Charter, any limitation on the exercise of the fundamental rights provided for by the Charter must, in particular, respect the essence of those rights.", "paragraph_id": "para_159" }, { "text": "80       In paragraph 101 of the judgment under appeal, the General Court ruled that the limitation on the appellant’s fundamental right to move and reside freely on the territory of the Member States respected the essence of that right in so far as that prohibition (i) did not prevent the appellant …", "paragraph_id": "para_160" }, { "text": "81       Without it being necessary to examine the relevance of the case-law to which the General Court referred in paragraph 101 of the judgment under appeal, it must be held that the second of the elements referred to in paragraph 101, relating to Article 6 of Decision 2014/145, is sufficient for …", "paragraph_id": "para_161" }, { "text": "82       That finding is not invalidated by the fact, stated by the appellant, that the exceptions and derogations provided for in Article 1(3), (4) and (6) of Decision 2014/145 concern, to a large extent, persons in highly specific situations   in relation with international obligations, in particular. Suffice it to note in that regard that that fact in no way affects the scope of the periodic review requirement to which paragraph 101 of the judgment under appeal refers.", "paragraph_id": "para_162" }, { "text": "83       In the light of the foregoing, the fourth ground of appeal must be rejected as unfounded.", "paragraph_id": "para_163" }, { "text": "Admissibility of the adaptation of the appellant’s heads of claim", "paragraph_id": "para_164" }, { "text": "84       As is clear from paragraph 23 of the present judgment, the appellant requested, in her reply, that the Court allow the adaptation of her heads of claim so that, in the event that the judgment under appeal should be set aside, the case would be referred back to the General Court for a ruling on the claim for compensation that she submitted at first instance.", "paragraph_id": "para_165" }, { "text": "85       Having regard to the fact that that is not the case here, since the four grounds of appeal raised by the appellant in support of her appeal have been rejected, there is no need to give a ruling on that request.", "paragraph_id": "para_166" }, { "text": "86       Accordingly, the appeal is dismissed in its entirety.", "paragraph_id": "para_167" }, { "text": "Costs", "paragraph_id": "para_168" }, { "text": "87       Pursuant to Article 184(2) of the Rules of Procedure of the Court of Justice, where the appeal is unfounded, the Court is to make a decision as to costs. Article 138(1) of those rules, which applies to appeal proceedings by virtue of Article 184(1) thereof, provides that the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings.", "paragraph_id": "para_169" }, { "text": "88       Since the Council and the Commission have applied for costs and the appellant has been unsuccessful, the appellant must be ordered to pay the costs.", "paragraph_id": "para_170" }, { "text": "On those grounds, the Court (Third Chamber) hereby:", "paragraph_id": "para_171" }, { "text": "1.       Dismisses the appeal;", "paragraph_id": "para_172" }, { "text": "2.       Orders Mrs Elena Petrovna Timchenko to pay the costs.", "paragraph_id": "para_173" }, { "text": "[Signatures]", "paragraph_id": "para_174" }, { "text": "*       Language of the case: French.", "paragraph_id": "para_175" } ], "word_count": 9867, "cites": [ "C-399/25", "T-298/23", "C-703/23", "C-696/23", "C-704/23", "C-711/23", "C-35/24", "C-111/24", "C-152/18", "C-153/18", "T-361/22", "C-136/24", "C-35/20", "C-112/23", "C-529/23", "C-271/24" ], "cited_by": [], "sha256": "3f40a9cee6876bdbdb04391c601f7287667916ed7444d5e844f98da47af7fe7e", "source_url": "https://publications.europa.eu/resource/celex/62025CJ0399", "fetched_at": "2026-09-28T06:29:42.242+00:00", "canonical": "https://legal.exploreworldai.com/ai/judgments/eu/c-399-25-p", "risk_graph": "https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-399-25-p", "relations_graph": "https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-399-25-p", "changes": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes", "agent": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-399-25-p", "verification": { "stored_sha256": "3f40a9cee6876bdbdb04391c601f7287667916ed7444d5e844f98da47af7fe7e", "recomputed_sha256": "3f40a9cee6876bdbdb04391c601f7287667916ed7444d5e844f98da47af7fe7e", "intact": true, "checked_at": "2026-10-10T02:48:38.496Z" } }, "hash": "sha256:af7f53c29924e751b2c3d287352024cffcd64a0651e696ccc42720c823828e86", "version": "legal-2026-10-09", "expires": "2026-10-11T00:00:00.000Z", "dependency": { "index_version": "legal-2026-10-09+legal-2026-10-09+2026-10-09T21:48:48", "content_hash": "sha256:af7f53c29924e751b2c3d287352024cffcd64a0651e696ccc42720c823828e86", "revalidate_after": "2026-10-10T03:48:39.087Z", "max_copy_age_seconds": 3600, "policy": "revalidate-required; attribution-preferred", "changelog": "https://legal.exploreworldai.com/api/public/v1/dependency", "verify": "https://legal.exploreworldai.com/api/public/v1/verify", "stale_copy_invalid": true }, "canonical": "https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-399-25-p", "follow": [ { "rel": "risk", "href": "https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-399-25-p" }, { "rel": "relations", "href": "https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-399-25-p" }, { "rel": "agent", "href": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-399-25-p" }, { "rel": "obligations", "href": "https://legal.exploreworldai.com/api/public/v1/obligation-chain" }, { "rel": "changes", "href": "https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu" } ], "disclaimer": "Source reference with official identifier. 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