Attached is the opinion. It relates to the appeal of what was a successful challenge of the listings in the General Court. The appeal relates to criteria 3 (a) and 3 (d) of Regulation 269/2014, namely:
natural persons responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine;
natural or legal persons, entities or bodies supporting, materially or financially, or benefiting from Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Ukraine.
The opinion is authority that (among others): (i) close relationship with Russian government is does not create the presumption of support, does not shift the burden from the Council, and does not automatically mean “support” or “benefit” within criterion 3(d) (see paras. 121, 123, and 128); (ii) context of relationship may not substitute specific evidence that the listing criterion was satisfied; (iii) defines criterion 3(d) (see para 108).