{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-400-25-p","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-400-25-p)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-23","fingerprint":"ewai:eu:b67bfc","proof":"sha256:b07dcbd61a7e3f74207461a7fe87e4e1cb068d3134899be3acacf354a7618fe7","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-400-25-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"]},{"title":"Judgment","paragraphs":["para_20"]},{"title":"Legal context and background to the dispute","paragraphs":["para_22","para_23","para_24","para_25","para_26","para_27"]},{"title":"Directive 2004/38/EC","paragraphs":["para_29"]},{"title":"9         Recital 2 of Directive 2004/38 states:","paragraphs":["para_31"]},{"title":"10       Article 1 of that directive, headed ‘Subject’, provides:","paragraphs":["para_33","para_34","para_35","para_36","para_37","para_38","para_39","para_40","para_41","para_42"]},{"title":"Decision 2014/145, in the version applicable when the March 2023 acts were adopted","paragraphs":["para_44","para_45","para_46","para_47","para_48","para_49","para_50","para_51","para_52","para_53"]},{"title":"(a)      as a host country to an international intergovernmental organisation;","paragraphs":["para_55"]},{"title":"(c)      under a multilateral agreement conferring privileges and immunities; or","paragraphs":["para_57","para_58","para_59","para_60","para_61","para_62","para_63","para_64","para_65","para_66","para_67","para_68","para_69"]},{"title":"Decision 2014/145, in the version applicable when the September 2023 acts were adopted","paragraphs":["para_71"]},{"title":"Regulation No 2 69/2014, in the version applicable when the March 2023 acts were adopted","paragraphs":["para_73","para_74","para_75"]},{"title":"The acts at issue","paragraphs":["para_77","para_78","para_79","para_80","para_81","para_82","para_83","para_84"]},{"title":"The action before the General Court and the judgment under appeal","paragraphs":["para_86","para_87","para_88","para_89","para_90","para_91"]},{"title":"Forms of order sought by the parties to the appeal","paragraphs":[]},{"title":"27       By his appeal, the appellant claims that the Court should:","paragraphs":["para_94","para_95","para_96"]},{"title":"28       The Council contends that the Court should:","paragraphs":["para_98","para_99"]},{"title":"The appeal","paragraphs":["para_101","para_102"]},{"title":"The sixth ground of appeal","paragraphs":[]},{"title":"Arguments of the parties","paragraphs":["para_105","para_106","para_107","para_108","para_109"]},{"title":"Findings of the Court","paragraphs":["para_111","para_112","para_113","para_114","para_115","para_116","para_117","para_118","para_119","para_120","para_121","para_122","para_123","para_124","para_125","para_126","para_127","para_128"]},{"title":"The seventh ground of appeal","paragraphs":[]},{"title":"Arguments of the parties","paragraphs":["para_131","para_132","para_133"]},{"title":"Findings of the Court","paragraphs":["para_135","para_136","para_137","para_138","para_139","para_140","para_141"]},{"title":"The ninth ground of appeal","paragraphs":[]},{"title":"Arguments of the parties","paragraphs":["para_144","para_145","para_146"]},{"title":"Findings of the Court","paragraphs":["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"]},{"title":"The tenth ground of appeal","paragraphs":[]},{"title":"Arguments of the parties","paragraphs":["para_163","para_164","para_165","para_166"]},{"title":"Findings of the Court","paragraphs":["para_168","para_169","para_170","para_171","para_172","para_173","para_174","para_175","para_176","para_177","para_178","para_179","para_180","para_181"]},{"title":"The first, second, third, fourth, fifth and eighth grounds of appeal","paragraphs":["para_183","para_184","para_185","para_186"]},{"title":"Costs","paragraphs":["para_188","para_189"]},{"title":"On those grounds, the Court (Third Chamber) hereby:","paragraphs":[]},{"title":"1.       Dismisses the appeal;","paragraphs":["para_192","para_193","para_194"]}],"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)(b) and Article 2(1)(d) – Restrictive measures taken against a natural person providing financial support to Russian decision-makers responsible for the annexation of Crime …","paragraph_id":"para_4"},{"text":"In Case C‑400/25 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":"Gennady Nikolayevich 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 party 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":"THE COURT (Third Chamber),","paragraph_id":"para_12"},{"text":"composed of C. Lycourgos, President of the Chamber, O. Spineanu-Matei (Rapporteur), S. Rodin, N. Piçarra and N. Fenger, Judges,","paragraph_id":"para_13"},{"text":"Advocate General: J. Kokott,","paragraph_id":"para_14"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_15"},{"text":"having regard to the written procedure,","paragraph_id":"para_16"},{"text":"having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,","paragraph_id":"para_17"},{"text":"gives the following","paragraph_id":"para_18"},{"text":"Judgment","paragraph_id":"para_19"},{"text":"1         By his appeal, Mr Gennady Nikolayevich Timchenko seeks to have set aside the judgment of the General Court of the European Union of 2 April 2025, Timchenko v Council (T‑297/23, EU:T:2025:352; ‘the judgment under appeal’), by which the General Court dismissed his action seeking, pursuant to …","paragraph_id":"para_20"},{"text":"Legal context and background to the dispute","paragraph_id":"para_21"},{"text":"2         The factual and legal background to the present case is set out in paragraphs 2 to 32 of the judgment under appeal. For the purposes of the present proceedings, it may be summarised and supplemented as follows.","paragraph_id":"para_22"},{"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_23"},{"text":"4         The appellant is a businessperson of Russian and Finnish nationality.","paragraph_id":"para_24"},{"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_25"},{"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_26"},{"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_27"},{"text":"Directive 2004/38/EC","paragraph_id":"para_28"},{"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_29"},{"text":"9         Recital 2 of Directive 2004/38 states:","paragraph_id":"para_30"},{"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_31"},{"text":"10       Article 1 of that directive, headed ‘Subject’, provides:","paragraph_id":"para_32"},{"text":"‘This Directive lays down:","paragraph_id":"para_33"},{"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_34"},{"text":"(b)      the right of permanent residence in the territory of the Member States for Union citizens and their family members;","paragraph_id":"para_35"},{"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_36"},{"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_37"},{"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_38"},{"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_39"},{"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_40"},{"text":"…’","paragraph_id":"para_41"},{"text":"12       That directive is, under Article 42 thereof, addressed to the Member States.","paragraph_id":"para_42"},{"text":"Decision 2014/145, in the version applicable when the March 2023 acts were adopted","paragraph_id":"para_43"},{"text":"13       Article 1(1) of Decision 2014/145, as amended, in particular, by Decision 2022/329, 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), (b) and (e) of that articl …","paragraph_id":"para_44"},{"text":"14       Article 1 of that decision, in the version applicable when the March 2023 acts were adopted, provided:","paragraph_id":"para_45"},{"text":"‘1.      Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:","paragraph_id":"para_46"},{"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_47"},{"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_48"},{"text":"…","paragraph_id":"para_49"},{"text":"(e)      leading businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine,","paragraph_id":"para_50"},{"text":"and natural persons associated with them, as listed in the Annex.","paragraph_id":"para_51"},{"text":"2.      Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.","paragraph_id":"para_52"},{"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_53"},{"text":"(a)      as a host country to an international intergovernmental organisation;","paragraph_id":"para_54"},{"text":"(b)      as a host country to an international conference convened by, or under the auspices of the United Nations;","paragraph_id":"para_55"},{"text":"(c)      under a multilateral agreement conferring privileges and immunities; or","paragraph_id":"para_56"},{"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_57"},{"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_58"},{"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_59"},{"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_60"},{"text":"…’","paragraph_id":"para_61"},{"text":"15       Article 2(1)(a), (d) and (g) and in fine , of Decision 2014/145, in the version applicable when the March 2023 acts were adopted, was worded as follows:","paragraph_id":"para_62"},{"text":"‘All funds and economic resources belonging to, or owned, held or controlled by:","paragraph_id":"para_63"},{"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_64"},{"text":"…","paragraph_id":"para_65"},{"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_66"},{"text":"…","paragraph_id":"para_67"},{"text":"(g)      leading businesspersons or legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine,","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":"Decision 2014/145, in the version applicable when the September 2023 acts were adopted","paragraph_id":"para_70"},{"text":"16       On 5 June 2023, the Council adopted Decision (CFSP) 2023/1094 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 146, p. 20). In particular, the criter …","paragraph_id":"para_71"},{"text":"Regulation No 2 69/2014, in the version applicable when the March 2023 acts were adopted","paragraph_id":"para_72"},{"text":"17       Article 3(1) of Regulation No 269/2014, as amended by Regulation 2022/330, sets out the criteria governing, inter alia, the inclusion, on the list in Annex I to that regulation, of the names of natural persons whose funds and economic resources are frozen in accordance with Article 2(1) of that regulation. The criteria set out in Article 3(1)(a), (d) and (g) of Regulation No 269/2014 are, in essence, identical to those set out in paragraph 15 of the present judgment.","paragraph_id":"para_73"},{"text":"Regulation No 2 69/2014, in the version applicable when the September 2023 acts were adopted","paragraph_id":"para_74"},{"text":"18       On 5 June 2023, the Council adopted Regulation (EU) 2023/1089 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 146, p. 1). In particular, the cr …","paragraph_id":"para_75"},{"text":"The acts at issue","paragraph_id":"para_76"},{"text":"19       The March 2023 acts maintained the restrictive measures taken against the appellant by way of Council Decision (CFSP) 2022/337 of 28 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sove …","paragraph_id":"para_77"},{"text":"‘[The appellant] is a long-time acquaintance of the President of the Russian Federation [Mr] Vladimir Putin and is broadly described as one of his confidants.","paragraph_id":"para_78"},{"text":"He is benefitting from his links with Russian decision-makers. He is founder and shareholder of the Volga Group, an investing group with a portfolio of investments in key-sectors of the Russian economy. The Volga Group contributes significantly to the Russian economy and its development.","paragraph_id":"para_79"},{"text":"He is also a shareholder of Bank Rossiya which is considered to be the bank of Putin and his associates. Since the illegal annexation of Crimea, Bank Rossiya has opened branches across Crimea and Sevastopol, thereby consolidating their integration into the Russian Federation.","paragraph_id":"para_80"},{"text":"Furthermore, Bank Rossiya has stakes in the National Media Group, a media holding, controlling 28 media enterprises in Russia which are actively spreading propaganda and disinformation related to the Russian war of aggression against Ukraine.","paragraph_id":"para_81"},{"text":"He is therefore responsible for supporting actions or policies which undermine the territorial integrity, sovereignty and independence of Ukraine.","paragraph_id":"para_82"},{"text":"He … also [provides] financial or material support [for], and [benefits] from Russian decision-makers responsible for the annexation of Crimea and the destabilisation of Ukraine.’","paragraph_id":"para_83"},{"text":"20       The September 2023 acts maintained the restrictive measures previously maintained against the appellant for the first time by the March 2023 acts, on grounds that were, in essence, identical and supplemented by the detail that the appellant was ‘a leading businessperson operating in Russia’.","paragraph_id":"para_84"},{"text":"The action before the General Court and the judgment under appeal","paragraph_id":"para_85"},{"text":"21       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, he raised six pleas in law, the first of which alleged manifest error of assessment on the part of the Council, while the fifth plea alle …","paragraph_id":"para_86"},{"text":"22       By the judgment under appeal, the General Court rejected the first plea by which the appellant claimed, inter alia, that the Council had made a manifest error of assessment in considering that, in both the March 2023 and the September 2023 acts, the criterion laid down in Article 1(1)(b) an …","paragraph_id":"para_87"},{"text":"23       As regards the March 2023 acts, the General Court found, in paragraphs 143 to 147 of the judgment under appeal, that the Council was able to consider, without erring in its assessment, that the appellant, in his capacity as an important shareholder in Bank Rossiya – which had itself provided financial support to Mr Putin – had supported the latter financially, with the result that the appellant satisfied the conditions laid down in criterion (d).","paragraph_id":"para_88"},{"text":"24       In paragraphs 161 to 164 of the judgment under appeal, the General Court found, on the same grounds, that the Council could legitimately consider, in so far as concerns the September 2023 acts, that the appellant satisfied the conditions laid down by criterion (d), particularly since the Co …","paragraph_id":"para_89"},{"text":"25       The General Court also rejected the fifth plea raised by the appellant. In paragraphs 179 to 182 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 Artic …","paragraph_id":"para_90"},{"text":"26       Since it had also rejected the other pleas raised by the appellant, the General Court, in paragraph 221 of the judgment under appeal, dismissed the action in its entirety.","paragraph_id":"para_91"},{"text":"Forms of order sought by the parties to the appeal","paragraph_id":"para_92"},{"text":"27       By his appeal, the appellant claims that the Court should:","paragraph_id":"para_93"},{"text":"–        set aside the judgment under appeal, including in so far as it ordered the appellant to bear his own costs and to pay those incurred by the Council;","paragraph_id":"para_94"},{"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_95"},{"text":"–        order the Council to pay the costs at first instance and on appeal.","paragraph_id":"para_96"},{"text":"28       The Council contends that the Court should:","paragraph_id":"para_97"},{"text":"–        dismiss the appeal; and","paragraph_id":"para_98"},{"text":"–        order the appellant to pay the costs.","paragraph_id":"para_99"},{"text":"The appeal","paragraph_id":"para_100"},{"text":"29       In support of his appeal, the appellant raises 10 grounds: the first, second, third, fourth and eighth grounds alleging errors of law on the part of the General Court in relation to the criterion laid down in Article 1(1)(e) and Article 2(1)(g) of Decision 2014/145 and Article 3(1)(g) of Re …","paragraph_id":"para_101"},{"text":"30       The Court deems it appropriate to examine, first, the sixth and seventh grounds, then the ninth and tenth grounds and, lastly, the first, second, third, fourth, fifth and eighth grounds of appeal.","paragraph_id":"para_102"},{"text":"The sixth ground of appeal","paragraph_id":"para_103"},{"text":"Arguments of the parties","paragraph_id":"para_104"},{"text":"31       By way of his sixth ground of appeal, which covers paragraphs 144, 146 and 147 of the judgment under appeal concerning the examination of whether the March 2023 acts were well founded in the light of criterion (d), the appellant submits that the General Court erred in law by adopting an ove …","paragraph_id":"para_105"},{"text":"32       First, in paragraphs 146 and 147 of the judgment under appeal, the General Court recognised – arbitrarily, erroneously and contrary to the principle of legal certainty and to its own case-law – the existence of such support, on the sole ground that Bank Rossiya, in which the appellant is ‘a …","paragraph_id":"para_106"},{"text":"33       Second, the General Court also infringed its obligation to state reasons, in the appellant’s submission, in so far as it did not seek to determine any involvement, on the part of the appellant, in the alleged financial support provided by Bank Rossiya to Mr Putin; in fact, there is no reference to the appellant’s name in paragraph 144 of the judgment under appeal.","paragraph_id":"para_107"},{"text":"34       Furthermore, the General Court failed to specify the relevance of the appellant’s status as an indirect minority shareholder for the purposes of applying criterion (d), and failed, moreover, to address the appellant’s arguments relating to that status as shareholder. In that connection, the …","paragraph_id":"para_108"},{"text":"35       The Council disputes the merits of the appellant’s arguments.","paragraph_id":"para_109"},{"text":"Findings of the Court","paragraph_id":"para_110"},{"text":"36       As regards, in the first place, the complaint alleging infringement of the 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 the General Court’s reasoning, in such a way as …","paragraph_id":"para_111"},{"text":"37       In the present case, the appellant complains, first, that the General Court did not sufficiently explain why he could be described, in paragraph 147 of the judgment under appeal, as ‘an important shareholder’ in Bank Rossiya, when he was only an indirect minority shareholder therein.","paragraph_id":"para_112"},{"text":"38       In that connection, it should be observed that paragraph 147 of that judgment must be read in conjunction with the findings set out by the General Court in paragraphs 132 to 136 of that judgment on the subject of the appellant’s status and role as a shareholder in Bank Rossiya.","paragraph_id":"para_113"},{"text":"39       It should be noted that, far from disregarding the appellant’s status as an indirect minority shareholder, the General Court explained, in paragraphs 132 to 135 of the judgment under appeal, the reasons why it could be found, in the light of the facts that the General Court had examined and …","paragraph_id":"para_114"},{"text":"40       In fact, on the one hand, in paragraphs 132 and 133 of the judgment under appeal, the General Court, having noted that the appellant was an indirect shareholder in Bank Rossiya in so far as the shares were held by a company wholly owned by a group in which he was the sole shareholder, expla …","paragraph_id":"para_115"},{"text":"41       On the other hand, the General Court also found, in paragraph 133 of the judgment under appeal, that the appellant was a minority shareholder in Bank Rossiya in that he held, through the company and the group referred to in the preceding paragraph of the present judgment, only 10.323% of th …","paragraph_id":"para_116"},{"text":"42       In those circumstances, the appellant could readily understand that his status as shareholder was ‘important’, irrespective of the amount of his shareholding, on account of the close and stable links that he maintained with the three other shareholders in that bank and with Mr Putin’s entourage.","paragraph_id":"para_117"},{"text":"43       As regards, second, the appellant’s argument that the General Court infringed its obligation to state reasons in so far as it did not seek to determine any involvement, on the part of the appellant, in the alleged financial support provided by Bank Rossiya to Mr Putin, since there was in fact no reference to his name in paragraph 144 of the judgment under appeal, this must also be rejected.","paragraph_id":"para_118"},{"text":"44       In fact, on the one hand, the appellant could readily understand, from paragraphs 146 and 147 of the judgment under appeal read in conjunction with paragraphs 132 to 136 thereof, that the financial support provided by Bank Rossiya to the President of the Russian Federation, Mr Putin, could …","paragraph_id":"para_119"},{"text":"45       As regards, in the second place, the complaint alleging misinterpretation, by the General Court, of the concept of ‘supporting, materially or financially’ under criterion (d), it should be borne in mind that that criterion is intended to enable the Council to take restrictive measures again …","paragraph_id":"para_120"},{"text":"46       The Court has ruled that a criterion which, like criterion (d), is aimed at support given, inter alia, by natural persons is of a general nature and does not contain any definition of the concept of ‘support’, or any details on how those matters are to be proved. In those circumstances, the …","paragraph_id":"para_121"},{"text":"47       In that connection, it should be observed, first, that the finding made in paragraph 147 of the judgment under appeal, whereby the Council was able to consider, without erring in its assessment, that when the March 2023 acts were adopted, the appellant provided ‘financial support’, within t …","paragraph_id":"para_122"},{"text":"48       It is clear from all of these various paragraphs of the judgment under appeal that the General Court found, in the light of the facts and evidence that it examined and in respect of which the appellant does not claim distortion at the appeal stage, that (i) Bank Rossiya, a banking instituti …","paragraph_id":"para_123"},{"text":"49       Thus, in order to arrive at its finding in paragraph 147 of the judgment under appeal, the General Court essentially considered, without erring in law, that the concept of ‘financial support’, within the meaning of criterion (d), could cover, depending on the relevant circumstances of the c …","paragraph_id":"para_124"},{"text":"50       Second, it cannot be considered that, by ruling that the concept of ‘supporting financially’ referred to in criterion (d) could cover such a scenario, the General Court infringed the principle of legal certainty since that principle does not require that the Courts of the European Union ref …","paragraph_id":"para_125"},{"text":"51       Third, in so far as concerns the appellant’s argument that the General Court disregarded its own case-law under which the financial support for which criterion (d) provides must be of a degree of quantitative or qualitative significance, it should be noted that, as the appellant claimed in …","paragraph_id":"para_126"},{"text":"52       However, bearing in mind the fact that the General Court found, in essence, in paragraphs 143 and 144 of the judgment under appeal, that Bank Rossiya and, accordingly, the appellant himself as an important shareholder in that bank, had provided financial support of considerable quantitative …","paragraph_id":"para_127"},{"text":"53       In the light of the foregoing, the sixth ground of appeal must be rejected as unfounded.","paragraph_id":"para_128"},{"text":"The seventh ground of appeal","paragraph_id":"para_129"},{"text":"Arguments of the parties","paragraph_id":"para_130"},{"text":"54       By way of his seventh ground of appeal, which is divided into two parts, the appellant submits, in the first of those two parts, that the General Court erred in law by substituting its own reasoning for that of the Council, by finding, in paragraphs 143 and 144 of the judgment under appeal, …","paragraph_id":"para_131"},{"text":"55       In the second part of the seventh ground of appeal, the appellant submits that, in its examination of whether the September 2023 acts were well founded, the General Court erred in law by substituting its own reasoning for that of the Council by finding, in paragraph 162 of the judgment unde …","paragraph_id":"para_132"},{"text":"56       The Council disputes the merits of the appellant’s arguments.","paragraph_id":"para_133"},{"text":"Findings of the Court","paragraph_id":"para_134"},{"text":"57       As regards the first part of the seventh ground of appeal, it should be recalled that the effectiveness of the judicial review guaranteed by Article 47 of the Charter requires, inter alia, that the Courts of the European Union are to ensure that the decision, which affects the person or ent …","paragraph_id":"para_135"},{"text":"58       In the present case, it should be observed that the statement of reasons set out in the March 2023 acts explains that the appellant provides ‘financial or material support [to] Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Ukraine’ and that he is …","paragraph_id":"para_136"},{"text":"59       The General Court did precisely that in paragraphs 143 to 147 of the judgment under appeal. In particular, the fact that, in paragraphs 143 and 144 of that judgment, the general Court examined items of evidence supporting the finding that Bank Rossiya provided financial support to Mr Putin …","paragraph_id":"para_137"},{"text":"60       As regards the second part of the seventh ground of appeal, it should be borne in mind that, according to settled case-law, arguments directed against grounds included in a decision of the General Court purely for the sake of completeness cannot lead to the decision being set aside and are therefore ineffective (judgment of 2 October 2019, Crédit Mutuel Arkéa v ECB , C‑152/18 P and C‑153/18 P, EU:C:2019:810, paragraph 68 and the case-law cited).","paragraph_id":"para_138"},{"text":"61       Paragraph 162 of the judgment under appeal, which opens with the phrase ‘in addition’, is included purely for the sake of the completeness of the grounds set out in paragraph 161 of that judgment, which is not disputed at the appeal stage and in which the General Court noted that, as regards the September 2023 acts, the appellant had failed to show that his personal situation had changed compared to his situation when the March 2023 acts were adopted.","paragraph_id":"para_139"},{"text":"62       Since, on the one hand, the General Court essentially ruled, in paragraphs 161 and 164 of that judgment, that the Council was able, without erring in its assessment, to consider that the appellant continued to satisfy the conditions of criterion (d), as had been the case as regards the Marc …","paragraph_id":"para_140"},{"text":"63       In the light of the foregoing considerations, the seventh ground of appeal must be rejected as, in the first part thereof, unfounded and, in the second part thereof, ineffective.","paragraph_id":"para_141"},{"text":"The ninth ground of appeal","paragraph_id":"para_142"},{"text":"Arguments of the parties","paragraph_id":"para_143"},{"text":"64       By his ninth ground of appeal, the appellant submits that, in paragraphs 180 and 181 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 he enjoys under Articl …","paragraph_id":"para_144"},{"text":"65       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_145"},{"text":"66       The Council disputes the appellant’s arguments.","paragraph_id":"para_146"},{"text":"Findings of the Court","paragraph_id":"para_147"},{"text":"67       In paragraphs 180 and 181 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 …","paragraph_id":"para_148"},{"text":"68       In so doing, the General Court did not err in law.","paragraph_id":"para_149"},{"text":"69       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_150"},{"text":"70       It follows that, as the General Court rightly held in paragraph 180 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_151"},{"text":"71       As the General Court recalled in paragraph 181 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 enco …","paragraph_id":"para_152"},{"text":"72       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_153"},{"text":"73       Consequently, as the General Court correctly ruled at the end of paragraph 181 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 …","paragraph_id":"para_154"},{"text":"74       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_155"},{"text":"75       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_156"},{"text":"76       In fact, first, as the General Court stated in paragraphs 181 and 186 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 …","paragraph_id":"para_157"},{"text":"77       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 182 of the judgment under appeal, of putting pressure on a third country with a view to attaining the objectives referred to in Article …","paragraph_id":"para_158"},{"text":"78       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_159"},{"text":"79       In the light of the foregoing, the ninth ground of appeal must be rejected as unfounded.","paragraph_id":"para_160"},{"text":"The tenth ground of appeal","paragraph_id":"para_161"},{"text":"Arguments of the parties","paragraph_id":"para_162"},{"text":"80       By way of his tenth 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 he is subject, on his right t …","paragraph_id":"para_163"},{"text":"81       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_164"},{"text":"82       As regards the second part, the appellant disputes the General Court’s reasoning in paragraphs 186 and 189 of the judgment under appeal. He submits that, contrary to the finding made by the General Court, the scale of the restriction on his right to move and reside freely is particularly si …","paragraph_id":"para_165"},{"text":"83       In so far as concerns the first part of the tenth 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 he objects. On the substance, the Council disputes the appellant’s arguments.","paragraph_id":"para_166"},{"text":"Findings of the Court","paragraph_id":"para_167"},{"text":"84       As a preliminary point, as regards the admissibility of the first part of the tenth ground of appeal, it is true that, as the Council contends, the appellant has failed to identify exactly those passages of the judgment under appeal to which he refers by way of the line of argument set out …","paragraph_id":"para_168"},{"text":"85       On the substance, as regards the first part of the tenth ground of appeal, first, the appellant’s argument that, in paragraphs 188 to 191 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 his 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_169"},{"text":"86       It should be recalled, first, that in accordance with paragraphs 73 to 78 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_170"},{"text":"87       Second, 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 52(1) of t …","paragraph_id":"para_171"},{"text":"88       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_172"},{"text":"89       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 his fundamental right to move and reside freely on the territory of the Member States other than the Republ …","paragraph_id":"para_173"},{"text":"90       That argument must also be rejected in so far as, with the benefit of the case-law recalled in paragraph 36 of the present judgment, the examination of whether that prohibition is appropriate is apparent from paragraphs 190 and 191 of the judgment under appeal. In fact, by stating, in parag …","paragraph_id":"para_174"},{"text":"91       By the second part of the tenth ground of appeal, the appellant submits that the General Court erred in law by finding, in paragraphs 186 and 189 of the judgment under appeal, that the limitation on his 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_175"},{"text":"92       In that connection, it should be noted that paragraph 189 of the judgment under appeal relates to the necessity of that limitation in the light of the principle of proportionality, and that only paragraph 186 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 tenth ground of appeal concerns the latter paragraph only.","paragraph_id":"para_176"},{"text":"93       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_177"},{"text":"94       In paragraph 186 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_178"},{"text":"95       Without it being necessary to examine the relevance of the case-law to which the General Court referred in paragraph 186 of the judgment under appeal, it must be held that the second of the elements referred to in paragraph 186, relating to Article 6 of Decision 2014/145, is sufficient for …","paragraph_id":"para_179"},{"text":"96       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 186 of the judgment under appeal refers.","paragraph_id":"para_180"},{"text":"97       In the light of the foregoing, the tenth ground of appeal must be rejected as unfounded.","paragraph_id":"para_181"},{"text":"The first, second, third, fourth, fifth and eighth grounds of appeal","paragraph_id":"para_182"},{"text":"98       It is clear from the examination of the sixth and seventh, as well as the ninth and tenth, grounds of appeal that the General Court did not err in law by finding that the Council could, by way of the acts at issue, legitimately maintain the restrictive measures against the appellant under criterion (d), without that imposing undue restrictions on the exercise of the right to freedom of movement and of residence.","paragraph_id":"para_183"},{"text":"99       In those circumstances, the grounds of appeal alleging that the General Court erred in law in its assessment of whether the restrictive measures taken against the appellant under (i) the criterion laid down in Article 1(1)(e) and Article 2(1)(g) of Decision 2014/145 and in Article 3(1)(g) o …","paragraph_id":"para_184"},{"text":"100     Since the operative part of the judgment under appeal was well founded, such an error of law, even if it were established, cannot lead to the setting aside of that judgment or, a fortiori, the annulment of the acts at issue (see, to that effect, judgment of 26 March 2026, Pumpyanskiy and Others v Council , C‑696/23 P, C‑704/23 P, C‑711/23 P, C‑35/24 P and C‑111/24 P EU:C:2026:245, paragraph 440 and the case-law cited).","paragraph_id":"para_185"},{"text":"101     The appeal must therefore be dismissed in its entirety.","paragraph_id":"para_186"},{"text":"Costs","paragraph_id":"para_187"},{"text":"102     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. 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