EU interprets the ‘close family member’ criterion and maintains Mordashova’s Russia sanctions listing.
17/09/2024
The EU Court has given judgment upholding the listing of Marina Mordashova on the EU’s targeted Russia sanctions list in Case T-497/22.
Ms Mordashova was designated in June 2022 for association with her husband, Alexey Mordashov, an EU-designated person.
- Her designation was maintained following the expansion of designating criterion (g) to include close family members of designated influential businesspeople who benefit from that influence.
- She applied to annul her listing because she was no longer married to Mr Mordashov, and share transfers she received from him were succession planning rather than an attempt to evade sanctions.
- She said criterion (g) should be interpreted as only applying to close family members who benefit from actions intended to evade sanctions and that that criterion created an unlawful, irrebuttable presumption that a family member would benefit from a listed person.
The Court rejected these arguments.
- She remained a close family member because of the shared surname, children with Mr Modashov, and references to her as his ‘life partner’ or ‘wife’.
- The share transfers evinced association beyond succession planning.
On criterion (g), the court said:
- The Council only needs to show a person benefited from an influential businessperson in a way that could lead to circumvention; there was no need to show complicity in sanctions evasion and
- The listing criterion permitting close family members to be listed does not create an irrebuttable presumption; it requires the Council to prove that the family member benefited in a significant way.
Source
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