See Case C-865/24 P

The ECJ will hear two appeals seeking the setting aside of the judgment of the General Court in Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council (T-797/22), as well as in Ordre des avocats à la cour de Paris and Couturier v Council (T-798/22): Case C-865/24 P and Case C-866/24 P.

Both judgments under appeal concern the dismissal by the General Court of actions seeking the annulment of (i) Article 1(12) of Council Regulation (EU) 2022/1904 of 6 October 2022 amending Regulation (EU) 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, which lay down a prohibition on the provision of legal advisory services to the Russian Government and entities established in Russia.

The appellants claim, in essence, that the General Court violated Articles 7 and 47 …

Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicants’ names on the list – Obligation to report funds or economic resources belonging to or owned, held or controlled by the applicants – Obligation to cooperate with the competent national authority – Participation in activities the object or effect of which is to circumvent restrictive measures.

Appeal challenging the General Court's judgment in Case T-644/22

Compatiblity of the Austrian Finanzmarkt-Geldwäschegesetz (Law on financial markets anti-money laundering, FM-GwG) with Directive (EU) 2015/849, as amended by Directive (EU) 2019/2177 - General legal principles of the European Union - effet utile - anti-money laundering - criminal liability of legal persons - requirement of national law that an official representative or another natural person who has acted for the legal person has previously been given the formal party status of defendant, or at least of a party with full rights, and, in addition, that the operative part of the administrative penal order against the legal person determines that the natural person specifically named therein (or the official representative) committed an offence, acted unlawfully and is culpable - Extension of limitation periods

Surrender in accordance with the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community (TCA) - Art. 49(1) of the Charter - Incompatibility with the principle that offences and penalties must be defined by law - Unfavourable change to the rules on release on licence adopted by the UK after the suspected commission of the offences in question - Question whether concept of ‘heavier penalty’ contained in Art. 49 of the Charter covers the situation of an amended parole regime.

The request concerns the same dispute in the main proceedings as that which gave rise to the judgment of 29 July 2024, Alchaster (C-202/24)

Right to a fair trial - Right to respect for private and family life - Freedom of expression - Limitation on use of restrictions on rights - Art. 47 of the Charter of Fundamental Rights - Confidentiality of the communications - Traffic data - Right to an effective judicial remedy against a controller or processor - Information to be made available or given to the data subject

The appellant claims that the Court should set aside the judgment under appeal (Bytedance v Commission (T-1077/23)), thereby annulling the European Commission’s Decision designating ByteDance as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925 of the Digital Markets Act (DMA).

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the list – Concept of ‘leading businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – immediate family member criterion

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the list – Concept of ‘leading businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’

Pursuant to the successful challenge brought by Pumpyanskiy in T-740/22 - regarding Council's restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - the Council of the EU brought an appeal 5 September 2024.

The central issue revolves around the criterion of ‘leading businesspersons operating in Russia’, criterion (g), as prescribed by Article 2(1) of Council Decision 2014/145/CFSP as amended by Council Decision (CFSP) 2023/1094.

Common foreign and security policy (CFSP) - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Concept of ‘leading businessperson’

Interpretation of Art. 1(3) of Framework Decision 2002/584/JHA on the European arrest warrant, read in conjunction with Art. 49(3) of the Charter of Fundamental Rights of the European Union - real risk of serving a sentence that is disproportionate to the offence on which the European arrest warrant is based (here: drugs offences) - competence of examination by the executing authority - test that applies in assessing whether there is a real risk of the execution of a final disproportionate sentence - role of the law of the issuing state implementing Art. 4(2)(b) of Framework Decision 2004/757/JHA laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking - conditions for reducing mandatory minimum sentence - preclusion of suspension of enforcement.

The referring Court asks whether or not the executing judicial authority adopting a decision to recognise a European arrest warrant issued for the purposes of criminal proceedings, must also issue a decision ordering the arrest of that person, following which the person sought will remain detained in prison until such time as he or she is surrendered, consistent with Article 12 and Article 23(5) of Framework Decision 2002/584/JHA.