General Court Stavytskyi judgment defining misappropriation of state funds in Ukraine sanctions

CJEU1Edward Stavytskyi, former Minister for Energy and the Coal Industry of Ukraine, was listed on the EU’s March 2014 sanctions imposing an EU asset freeze on people said to be responsible for the misappropriation of Ukrainian state funds. Like everyone else on that list, Mr Stavytskyi was included for being a person under investigation in Ukraine for “involvement in crimes in connection with the embezzlement of Ukrainian state funds and their illegal transfer outside Ukraine”. Like a number of others, he successfully challenged his initial listing in Case T-486/14 (see previous blog here) because the sole basis for his inclusion at that time was a letter from March 2014 from Ukraine’s Prosecutor General which provided no details of what was alleged against him.

The EU General Court has rejected his challenge to his re-listing in Case T-242/16. The Court has said that the reasons given for his inclusion were sufficiently specific, the criteria for designating individuals in these measures has a proper legal basis when properly interpreted, and that the documents from the Ukrainian authorities now contained sufficient information about the allegations. The judgment has interesting passages defining the concept of misappropriation of state funds for these purposes.

This entry was posted in European Court Cases, Ukraine by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

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