Judgment_paragraph 62 · Mykola Yanovych Azarov v Council of the European Union (T-331/14)

62As regards, at the outset, the issue of the jurisdiction of the EU judicature, it must be recalled that the second paragraph of Article 275 TFEU expressly provides that, by way of derogation from the first paragraph of that article, the EU judicature has jurisdiction ‘to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 263 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted on the basis of Chapter 2 of Title V of the [EU] Treaty’. Thus, contrary to what the Council maintains, that provision is directed at all Council decisions relating to restrictive measures against natural or legal persons, falling within Chapter 2 of Title V of the EU Treaty, without making any distinction on the basis of decisions of general application or individual decisions. In particular, it does not preclude the possibility of challenging, in a statement modifying the form of order sought, the legality of a general provision, in support of an action for annulment brought against an individual restrictive measure (see, to that effect, judgment of 4 September 2015 in NIOC and Others v Council, T‑577/12, under appeal, EU:T:2015:596, paragraphs 93 and 94).