OAO Belaz-upravljajusaja kompanija holdinga Belaz Holding mod Rådet for Den Europæiske Union (T-239/24)

This is a court decision from the General Court of the European Union, dated September 23, 2026. The decision concerns an action brought by OAO Belaz-upravljajusaja kompanija holdinga Belaz Holding (the applicant) against the Council of the European Union (the Council) regarding the inclusion of the applicant's name on the list of persons, entities, and bodies subject to restrictive measures in relation to Belarus.

The applicant claimed that the contested acts (Decision 2024/769 and Implementing Regulation 2024/768) were invalid and that the Council had made an error of assessment in including the applicant's name on the list. The applicant relied on Articles 16 and 17 of the Charter of Fundamental Rights of the European Union, which protect the right to freedom to conduct a business and the right to property.

The General Court examined the three conditions set out in Article 52(1) of the Charter, which are necessary for a limitation on the exercise of a fundamental right to be justified:

• The limitation must be provided for by law.
• The limitation must be necessary and proportionate to the objective pursued.
• The limitation must be necessary for the protection of one of the interests or rights protected by the EU legislation in question.

The Court found that the contested acts satisfied all three conditions:

• The limitation was provided for by law, as the restrictive measures were set out in acts of general application with a clear legal basis in EU law.
• The limitation was necessary and proportionate to the objective pursued, as the measures were temporary and reversible, and the Council had reviewed the situation regularly.
• The limitation was necessary for the protection of the interests or rights protected by the EU legislation in question, as the measures were aimed at consolidating and supporting democracy, the rule of law, and human rights in Belarus.

The Court therefore rejected the applicant's action and ordered the applicant to pay the costs.