In a judgment on 11 July, the EU General Court annulled the freezing of funds of former Ukrainian President Viktor Yanukovych and one of his sons, Oleksandr, for the periods from 6 March 2016 to 6 March 2017 and from 6 March 2017 to 6 March 2018. He did the same for the funds of former high-ranking Ukrainian state officials: Prime Minister Sergej Arbuzov, Minister of Revenue and Taxation Oleksandr Klymenko, President Andriy Klyuyev's Head of Administration, Attorney General Viktor Pshonka and his son, Artem, for the period from 6 March 2018 to 6 March 2019.
These persons have been subject to EU restrictive measures since 5 March 2014, as they are considered responsible for the misappropriation of Ukrainian state funds. The freeze of funds has since been extended annually.
The General Court was taken by Mr Yanukovych and his son, who are challenging the acts extending the freezing of their funds in 2016 and 2017, and by the other officials for the 2018 extension, on the grounds that the EU Council had not met the criteria for inclusion on the aforementioned list. The General Court agreed with them.
Indeed, according to it, if the EU Council can base the inclusion or upkeep of restrictive measures on a decision of a third State, it must itself verify that such a decision has been taken with due regard, in particular, to the rights of the defence and the right to effective judicial protection. And the Court considers that there is no evidence that has been submitted that demonstrates that the EU Council has verified the respect of the rights in question by the Ukrainian judicial administration before extending the restrictive measures in question. (Original version in French by Camille-Cerise Gessant)