Communications Litigation Today was a Warren News publication.

EU General Court Rejects Delisting Bids of 2 Russian Businessmen

The EU General Court earlier this month dismissed the delisting applications of Igor Kesaev, largest shareholder of Russian weapons maker Degtyarev Factory, and Kirill Shamalov, deputy chairman of the management board of petrochemical company Sibur Holding, in a pair of decisions, according to an unofficial translation.

The court rejected Kesaev's claims on the evidence the European Council relied on in designating the Russian businessman. The court said the council "provided a body of sufficiently concrete, precise and consistent evidence capable of showing that the applicant is an influential businessman active in an economic sector which constitutes a substantial source of income for the" Russian government.

The decision also rejected Kesaev's claims that his sanctions designation violated the "principle of proportionality" and violated the principles of "legal certainty and protection of legitimate expectations." The listing doesn't "appear manifestly disproportionate" in light of Russia's "flagrant violation of the territorial integrity, sovereignty and independence of Ukraine," the court said. The council also clearly sanctioned Kesaev and gave a clear and precise designation that is "foreseeable for individuals."

The court made similar findings for Shamalov, holding that the reasons for his designation were clear and that the council relied on adequate evidence. The court added that the council didn't misuse its powers.