The General Court of the EU has annulled the 2014 listings of Oleksandr Yanukovych and Andriy Klyuyev on the EU’s sanctions freezing the assets of people said to have misappropriated Ukrainian state funds, but upheld their 2015 listings as subsequently amended by the EU Council, so they remain subject to sanctions. The judgments are here: Case T-340/14 Klyuyev v Council and Case T-348/14 Yanukovych v Council.
The Court annulled the original listings in 2014, which had stated that they were “subject to investigation in Ukraine… for the embezzlement of Ukrainian state funds”, for the same reason as all the Court’s previous Ukraine judgments (see eg previous blog here); the listings were only based on a letter from Ukraine’s prosecutor stating that investigations had been opened into a number former senior officials to establish the misappropriation of public funds, but saying nothing about what each individual was accused of. The amended reasons in 2015 say they are “subject to criminal proceedings” by the Ukrainian authorities for the “misappropriation of public funds or assets”, and the letter they were based on contained sufficient detail for the Court now to say the listing criteria were fulfilled. The applicants raised a number of other grounds of challenge (legal basis, rights of defence, proportionality etc) that were also all rejected.
Maya Lester QC is a senior barrister (Queen’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. The legal directories say she is the...See profile for Maya Lester QC >