The pleas in law of DenizBank in its annulment application against the sanctions in view of Russia's actions in Ukraine have been published in the OJ on 16 March 2015.
What is unique about the pleas is that they allege a breach of the Ankara Agreement between the EU and Turkey, which aims towards the accession of Turkey to the EU (Agreement Establishing an Association between the European Economic Community and Turkey and the Additional Protocol).
The annulment action refers to Council Decision 2014/659/CFSP and Council Regulation (EU) No 960/2014 (both of 8 September 2014). The details of the pleas in law are as follows:
- That the Council has breached its duty to give reasons for imposing the contested measures on the applicant, and that the Council has given the applicant no reasons for imposing the contested measures on it, nor even informed it of its inclusion.
- That the Council has failed to safeguard the applicant’s rights of defence, including its right to a fair hearing and to effective judicial review. Moreover, that the Council has given the applicant no reasons or evidence for imposing the contested measures on it, no opportunity for it to comment on the case against it, and has thereby also impeded the Court from exercising effective judicial review.
- That insofar as it has imposed the contested measures on the applicant, the Council has breached the Ankara Agreement between Turkey and the EU (and its Additional Protocol) in a number of respects.
- That the Council has breached the principles of non-discrimination and proportionality, and has imposed an unjustified and disproportionate restriction on the applicant’s fundamental rights.