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Lithuania / Supreme Administrative Court / A-858-47/2014

Vladimir Peftiev, ZAO Beltechexport, ZAO Sport-Pari, PUE BT Telecommunications v the Ministry of Foreign Affairs of the Republic of Lithuania (Lietuvos Respublikos užsienio reikalų ministerija) and the Financial Crime Investigation Service (Finansinių nusikaltimų tyrimo tarnyba)

Policy area:
Foreign and security policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Lithuania / Supreme Administrative Court of Lithuania
Type:
Decision
Decision date:
23/09/2014

Key facts of the case:

Applicants, on the basis of Art. 3 (1) of Council Regulation No. 765/2006, requested the Ministry of Foreign Affairs to “unfreeze” certain amounts of money which were frozen under Council Regulation No. 588/2001 in order to pay for legal representation before the General Court of the EU. The Ministry of Foreign Affairs rejected the request without providing any substantial arguments why it made such a decision. The applicants challenged that refusal by stating, among other things, that the respondent failed to substantiate its decision. The position of the Ministry of Foreign Affairs was that Art. 3 (1) gives it absolute discretion whether to unfreeze money or not; therefore, the issue of motives is of no relevance. Once confronted with the case, the Court decided to refer the preliminary ruling request to the Court of Justice of the European Union. The CJEU delivered a preliminary ruling on 12 June 2014 (C-314/13, Peftief). The Supreme Administrative Court delivered a ruling on the basis of the judgment rendered by the CJEU.