Summaries of judgments: RT France v Council (T-125/22)

Summaries of judgments made in collaboration with the Portuguese judges and référendaire of the General Court (Maria José Costeira, Ricardo Silva Passos and Esperança Mealha)
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Judgment of the General Court (Grand Chamber), 27 July 2022

Case T-125/22[1] RT France v Council

Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Temporary prohibition of dissemination and suspension of authorisations for the dissemination of certain media content — Inclusion on the list of entities to which the restrictive measures apply — Competence of the Council — Rights of the defence — Right to be heard — Freedom of expression and information — Proportionality — Freedom to conduct a business — Principle of non-discrimination on grounds of nationality

1. Facts

Following the military attack perpetrated by Russia against Ukraine on 24 February 2022, the Council of the European Union adopted, on 1 March 2022, new restrictive measures against Russia, namely Decision 2022/351[2] and Regulation 2022/350[3].

The purpose of those acts is the temporary prohibition of actions for propaganda of that military assault by means of certain media under Russian control. Thus, any operator established in the European Union is prohibited from broadcasting content produced by legal persons, entities or bodies set out in the annexes to the abovementioned acts.

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Venezuela as a third country before the ECJ

Tiago Paixão (Master’s in Administrative Law - The Author’s opinions are his own and do not bind any other person or entity)

The Bolivarian Republic of Venezuela (“Venezuela”) brought an action for annulment before the General Court to annul certain restrictive measures imposed by the Council of the European Union here. Those restrictive measures were imposed because of concerns about democracy, rule of law and human rights principles and are set out on Regulation 2017/2063, Regulation of Execution 2018/1653 and Decision 2018/1656.

Concretely, the General Court had to solve two major questions, before the substance of the annulment. On the one hand, to determine if Venezuela is a legal person for Article 263 TFUE and, in case of having given a positive answer, if Venezuela is directly affected by those measures.

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