Judgment_paragraph 40 · Mykola Yanovych Azarov v Council of the European Union (C-530/17 P)

40As regards the judgments of 19 October 2017, Yanukovych v Council (C‑598/16 P, not published, EU:C:2017:786), and of 19 October 2017, Yanukovych v Council (C‑599/16 P, not published, EU:C:2017:785), referred to by the Council, it should be noted that, in the context of the appeals leading to these judgments, the question whether the case-law resulting from the judgment of 26 July 2017, Council v LTTE (C‑599/14 P, EU:C:2017:583) covered the case of restrictive measures adopted in view of the situation in Ukraine was not put before the Court. Furthermore, it must be held that, having regard to the settled case-law cited in paragraphs 27, 28 and 39 of the present judgment, it cannot be inferred from those judgments that the Council is not required to verify that the decision of a third State on which it intends to base the adoption of restrictive measures was taken in accordance with the rights of the defence and the right to effective judicial protection. Such a conclusion would be contrary to that settled case-law. Thus, the conclusions drawn in those judgments have no bearing on the present appeal.