In Case T-305/22 Rashnikov v Council the General Court of the EU rejected Viktor Rashnikov’s application to annul his EU designation. He is listed on the grounds that as chairman of the board of MMK iron & steel works he is a “leading Russian businessperson involved in economic sectors providing a substantial source of revenue” to the Russian government. The Court said that reason was sufficiently clear, and that the criterion was not discriminatory / disproportionate.
“Leading businessperson involved in an economic sector providing the government with a substantial source of revenue”, according to the judgment, refers to someone’s importance in light of their occupational status, economic activities, functions, extent of capital holdings etc. And the economic sectors in which they operate must constitute a substantial source of revenue to the government (here the metallurgy sector). The Council did not need to show any further link with the regime. On a re-listing, the EU can rely on evidence that justified the original listing but must consider whether the context and facts have changed.
The judgment is on the EU Judgments section of this site.
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Maya Lester KC is a senior barrister (King’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human...