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In an important judgment handed down on 22 October 2025, the General Court has annulled the decision of the Council of the European Union to designate Mr Mikail Gutseriev under the EU Belarus sanctions regime.

The General Court concluded that Council had made an error of assessment by “by failing to carry out an updated assessment of the applicant’s situation in order to ascertain whether, at the time of the adoption of the contested acts, it was still possible to regard him as a person benefiting from and supporting the regime of President Lukashenko” (§91).

Brian Kennelly KC and Jason Pobjoy KC acted for Mr Gutseriev in the General Court, instructed by Chris Bryant and Sonja Hainsworth at Bryan Cave Leighton Paisner LLP.

Brian and Jason have extensive expertise in challenging and advising on EU and international asset-freezing sanctions, and are recognised as leading sanctions lawyers in the EU. They have represented dozens of individuals and entities in challenges to asset-freezing regimes before the General Court of the EU and the Court of Justice. Many of their recent cases have resulted in the de-listing of the sanctioned individuals. They also have considerable experience in advising on sanctions compliance issues.

A copy of the judgment can be found here.

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