On Wednesday 11 July, the General Court of the EU overturned the decision to freeze the assets of Andriy Klyuyev for the period March 2017 - March 2018, but not for the period March 2016 - March 2017 (case T-240/16).
In March 2014, the Council of the EU froze the funds of individuals believed to be responsible for the embezzlement of funds from the Ukrainian state. Klyuyev, former head of administration to President Yanukovych, was placed on the list in March 2014 as he was the subject of a preliminary investigation in Ukraine for infringements related to the embezzlement of Ukrainian public funds.
In March 2015, Klyuyev's inclusion on the list was prolonged for a further year on the grounds that he was the subject of criminal proceedings for embezzlement of public funds or assets. This decision has been extended for a year at a time up to March 2018.
Klyuyev successfully challenged his inclusion on the list for the period March 2014 - March 2015, but failed to get himself removed from it for the period March 2015 - March 2016. He hopes to have his continued inclusion for the periods from March 2016 to March 2017 overturned.
In its judgment, the General Court partially accepts Klyuyev's appeal by lifting the freezing of assets for the period March 2017 - March 2018. It notes that Klyuyev reported that the criminal proceedings against him had been suspended. It considers that the Council should have made further checks - which it did not - when the responses from the office of the Prosecutor General of Ukraine showed inconsistencies and the Austrian courts raised serious concerns regarding elements of the investigation.
The General Court therefore found that the Council committed a manifest error of assessment. (Original version in French by Mathieu Bion)