The EU General Court has annulled the 2017 listing of Sergiy Klyuyev on its Ukraine misappropriation sanctions. He is a member of the Ukrainian Parliament and brother of the former head of the Presidential Administration of Ukraine, Andriy Klyuyev. Judgment here: Sergiy Klyuyev v Council T-731/15 (21 February 2018). The Court declined to annul his 2015 – 2016 re-listings, although he won an earlier case annulling his original listing (see previous blog).
His 2017 re-listing was annulled because the Council had provided no evidence to support the designation of Andriy Klyuyev, with whom the applicant was identified as being ‘associated’, and had not taken into account the applicant’s evidence (including that he was no longer the subject of pre-trial investigation in Ukraine). The Council should have made further enquiries of the Ukrainian authorities, since the evidence gave rise to doubts about the reliability of the Council’s information. The judgment contains interesting comments about the purpose and interpretation of the EU’s Ukraine sanctions regime.