Mr Roman Arkadyevich Abramovich is a businessman of Russian, Israeli and Portuguese nationalities. He is, in particular, the majority shareholder in the parent company Evraz, one of the leading Russian groups in the steel and mining sector. That sector provides a substantial source of revenue to the Russian Government.
Following the attack launched by Russia against Ukraine on 24 February 2022, the Council, inter alia, froze the funds of, and prohibited entry into or transit through the European Union to, leading businesspersons who engage in activities in economic sectors providing a substantial source of revenue to the Russian Government[1]. These restrictive measures are aimed at increasing pressure on Russia and the cost of the latter’s actions in undermining the territorial integrity, sovereignty and independence of Ukraine.
Mr Abramovich challenges, before the General Court of the European Union, the inclusion[2] and maintenance[3] of his name on the lists of persons and entities subject to those measures. Furthermore, he seeks compensation in respect of harm to his reputation, which he provisionally estimates at €1,000,000.
The General Court dismisses the action brought by Mr Abramovich, thereby upholding the restrictive measures taken against him.
The Council did not in fact err in its assessment by deciding to include then maintain Mr Abramovich’s name on the lists at issue, in the light of his role in the Evraz group and, in particular, its parent company.
The Court observes, furthermore, that the inclusion and maintenance of Mr Abramovich’s name on the lists at issue do not constitute an unjustified and disproportionate infringement of his fundamental rights, which include, in particular, the right to respect for private and family life, the freedom to conduct a business and free movement. In that connection, the General Court recalls, in particular, that EU law provides for the possibility of authorising the use of frozen funds in order to meet essential needs and of granting specific permissions allowing funds or other economic resources to be released.
In so far as concerns, more specifically, the alleged infringement of the right of Mr Abramovich, as a Portuguese and, therefore, EU national, to move freely on the territory of the European Union, the General Court rejects his arguments alleging disproportionate infringement of that freedom as unfounded.
Since Mr Abramovich has failed to demonstrate that the inclusion and maintenance of his name on the lists were unlawful, his claim for compensation is also dismissed.
[1] Council Decision (CFSP) 2022/329 of 25 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; Council Regulation (EU) 2022/330 of 25 February 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
[2] Council Decision (CFSP) 2022/429 of 15 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; Council Implementing Regulation (EU) 2022/427 of March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
[3] The most recent maintaining acts concerned by this case date back to 13 April 2023.
* The full text and, as the case may be, an abstract of the judgment are published on the CURIA website on the day of delivery.
