Oleksandr Viktorovych Klymenko v Council of the European Union (T-295/19)

Judgment of 25 Jun 2020

law://eu/cjeu/2019/t-295-19/para_78@2026-11-13

78In that regard, it must be observed, as a preliminary point, that the Council has failed to demonstrate in what way the decision of the investigating judge of 5 October 2018, which is a purely procedural measure, evidences observance of the applicant’s rights of defence and right to effective judicial protection in the course of Case 521. As stated in paragraphs 61 and 62 above, the Council was required, in this case, before deciding to maintain the restrictive measures at issue, to verify whether the decision of the Ukrainian judicial authorities to initiate and conduct criminal investigation proceedings in relation to offences constituting the misappropriation of public funds or assets and abuse of office by a public office-holder had been taken in accordance with those rights of the applicant.

Oleksandr Viktorovych Klymenko v Council of the European Union (T-295/19)

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