Judgment of the General Court First Chamber, Extended Composition, 26 March 2025, A2B Connect and Others v Council, T-307/22

• Date: 26 March 2025
• Year: 2025

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Judgment of the General Cour t (First Chamber, Extended Composition), 26 March 2025,

A2B Connect and Others v Council , T-307/22

Link to the full text of the judgment

Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions

destabilising the situation in Ukraine – Temporary prohibition of broadcasting and suspension of

author isations for the broadcasting of content by certa in media outlets – Tempo ra ry p rohib it ion of

advertising for products or services in content produced or broadcast by certain media outlets –

Competence of the Council – Freedom of expression and of information – Propor tionality – Obligation to

state reasons

In its judgment, the General Court dismisses the action for annulment brought by the applicant

companies against the acts by which the Council prohibits any operator established in the European

Union, first, from broadcasting any content, and from enabling, facilitating or contributing to the

broadcasting , by the legal persons, en tities or bo dies listed in th e annexes t o the contested decisions,

of any content; and, second, from advertising products or services in content broadcast by those

persons, entit ies or bodies. 55 The present case allows the Court, inter alia, t o rule on the conditions

for recognit ion of its jurisdiction to examine the legality of decisions adopted in the context of the

common foreign and security policy (CFSP) in respect o f applican ts subject to t hose proh ibitions.

The present judgment arises in the context of a series of restrictive measures adopted by the

European Union following the military aggression launched by the Russian Federation against Ukraine

on 24 F eb rua ry 2022. The applicants, who are established in the Netherlands and whose names are

not o n the lists annexed to the contested acts, are provid ers of internet serv ices to individua ls and to

businesses.

In support of their action, the applicants claim a lack of competence on the part of the Council to

adopt the contested acts and an infringement of the rights to freedom of expression and

information 56 and to good administration 57 guaranteed by the Charter of Fundamental Rights of the

European Union (‘the Charter’).

Findings of the Court

Examining of its own motion whether it has jurisdiction to examine the legality of the contested acts,

the Court finds, in the first place, that it is only necessary to rule on the legality of the contested

regulations. In that regard, it notes, first of all, that, in accordance with the second paragraph of

Article 275 TFEU, it is the indiv idual nature of measu res adopted on the basis o f provisions relat ing to

the CFSP which permits access to the Courts of the European Union. A decision providing for

restrictive measures may be considered to be an individual measure if the person concerned is

referred to by name in that decision. Since the applicant s’ names do not appear either in the body of

Decision2014/512, as amended, or in A nnex IX thereto, as amended, the Court finds that the

contested decisions are not restrictive measures against the applicants. The restrictive measures at

issue must, in fact , be understood as being o f general application as regards the applicants – since the

latter are among the entities belonging to the general and abstract category of ‘operators’ that are

prohibited from broadcasting content from the ‘legal persons, entities or bodies’ listed in Annex IX to

55 Council D ecision (CFSP) 2022/351 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measur es in view of Ru ssia’s

actions d estabilising th e situation in Ukr aine ( OJ 2022 L 65, p. 5), Council Regu lation (EU) 2022/350 of 1 March 2022 amen ding Regulation

(EU) No833/2014 conce rning r estrictive mea sures in v iew of Russia ’s action s destabilisin g the situat ion in Ukrain e (OJ 2022 L 65, p. 1),

Council Decision (CFSP) 2022/884 of 3 June 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s

actions d estabilisin g the sit uation in Uk raine (O J 2022 L 153, p. 128) and Coun cil Regulation (EU) 2022/879 of 3 June 2022 amendin g

Regulation (EU) N o 833/2014 concer ning r estrictiv e measures in view of R ussia’ s actions dest abilising the situ ation in Uk raine (OJ 20 22 L 153,

p. 53).

56 Article 11 of the Charter.

57 Article 41 of th e Charter.