EU Issues Judgments on Designated Individuals Under Ukraine Restrictive Measures
On 8 November, the EU General Court delivered judgements in the cases of Klymenko v Council (case T-245/15) and Ivanyushchenko v Council (case T-246/15). These cases concerned two individuals designated as “persons identified as responsible for the misappropriation of Ukrainian State funds and persons responsible for human rights violations” and, therefore, subject to restrictive measures pursuant to Council Decision 2014/119/CFSP.
In the case of Mr Ivanyushchenko, the court annulled his designation, finding that the Council relied upon evidence that was “beset with inconsistencies” and furthermore, in light of the inadequacy of the factual basis on which the Council relied, it should have investigated further. It found that the Council made a “manifest error of assessment”. In respect of the Klymenko case, the court decided that the applicant’s pleas did not merit annulment.