The General Court has annulled the 2014 listings of former Ukrainian President, Viktor Yanukovych, his son Oleksandr Yanukovych and former Head of Administration of the President of Ukraine, Andriy Klyuyev, on the EU’s sanctions freezing the assets of people said to have misappropriated Ukrainian state funds. However, the Court upheld their 2015 listings as subsequently amended by the EU Council, so they remain subject to sanctions. The judgments are here: T-340/14 Klyuyev, T-346/14 Viktor Yanukovych and T-348/14 Oleksandr Yanukovych.
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 of former senior officials to establish the misappropriation of public funds, but said nothing about what each individual was accused of. The amended reasons in 2015 said they were “subject to criminal proceedings” by the Ukrainian authorities for the “misappropriation of public funds or assets”, and the letter they had been based on had contained sufficient detail for the Court now to say that 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.