The General Court dismissed the action for annulment presented by Dutch internet providers (T-307/22) concerning EU restrictive measures imposed due to Russia’s destabilizing actions in Ukraine. 

In particular, three Dutch internet service providers —A2B Connect BV, BIT BV, and Freedom Internet BV—challenged EU Council decisions and regulations adopted on March 1 and June 3, 2022, which temporarily prohibited the broadcasting and advertising of content from certain Russian media outlets, on the basis of infringement of freedom of expression.

The General Court declined jurisdiction regarding the examination of the legality of the contested decisions for lack of individual application. The Court claimed only to have jurisdiction to assess the contested regulations, which are EU acts implementing the decision. In this respect, the Court rejected the plea challenging the Council’s competence to adopt the contested regulations on the basis of Article 29 TFEU. 

The claim advanced by the applicants that the measures infringed the freedom of expression and information was assessed in relation to Article 52(1) of the EU Charter. The Court found the restriction was provided by law, did not interfere with the essence of freedom of expression, and was based on an objective interest recognized by the EU, and proportional. Finally, it found that the applicants could not invoke their users’ right to information as they were not entitled to represent those rights.