Edward Stavytskyi, former Minister for Energy and the Coal Industry of Ukraine, was listed on the EU’s March 2014 sanctions imposing an EU asset freeze on people said to be responsible for the misappropriation of Ukrainian state funds. Like everyone else on that list, Mr Stavytskyi was included for being a person under investigation in Ukraine for “involvement in crimes in connection with the embezzlement of Ukrainian state funds and their illegal transfer outside Ukraine”. Like a number of others, he successfully challenged his initial listing in Case T-486/14 (see previous blog here) because the sole basis for his inclusion at that time was a letter from March 2014 from Ukraine’s Prosecutor General which provided no details of what was alleged against him.
The EU General Court has rejected his challenge to his re-listing in Case T-242/16. The Court has said that the reasons given for his inclusion were sufficiently specific, the criteria for designating individuals in these measures has a proper legal basis when properly interpreted, and that the documents from the Ukrainian authorities now contained sufficient information about the allegations. The judgment has interesting passages defining the concept of misappropriation of state funds for these purposes.
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 >