Фото: BKT
The General Court of the European Union has dismissed a lawsuit filed by Lithuanian company Birių krovinių terminalas (BKT), owned by businessman Igor Udovickij, concerning sanctions on the transit of Belarusian potash fertilisers. The Klaipėda port stevedoring company previously handled the transshipment of Belarusian fertilisers onto vessels.
Part of BKT’s claims was dismissed in May last year. Those claims concerned EU restrictive measures that resulted in the suspension of potash transit.
This week, the court brought the case to a close by dismissing the company’s remaining claims in full. In particular, the court found that BKT had filed part of its action out of time. The ruling also states that the EU courts have no jurisdiction to amend decisions of the Council of the European Union on foreign policy matters or to instruct the Council how to act.
The company accused the Council of the European Union of failing to clarify the rules governing potash transit. However, the request had been addressed to the President of the Council rather than to the Council itself, rendering that claim inadmissible. In addition, complaints concerning guidance and explanatory documents prepared by the European Commission were rejected because the action was brought against the Council of the European Union rather than the European Commission, which had adopted those documents.
The company was also ordered to pay the legal costs incurred by the Council of the European Union in the proceedings.