The Court of Justice of the European Union has annulled the sanctions imposed on Andrei Kharkovsky, a Russian citizen residing in Troisdorf, Germany, ruling that the Council of the EU failed to substantiate its grounds for listing him.
The Sanctions Designation
Kharkovsky was added to the EU sanctions list in May 2025 under the framework for restrictive measures in response to Russia’s destabilising activities. The Council’s justification stated:
“In Germany, Kharkovsky functions as a representative of the Union of Cossack Warriors of Russia and Abroad, including by organising military-style gatherings for its members. The Union of Cossack Warriors of Russia and Abroad is an entity linked to the Government of the Russian Federation, and partaking in Russia’s war of aggression and acts of violence in Ukraine in support of pro-Russian separatists under the premise of a “historical mission” to reinstate Russian control over southern and eastern Ukraine. As a member of the Union of Cossack Warriors of Russia and Abroad, Kharkovsky is engaging in acts of violence.“
The Council therefore concluded that Kharkovsky supported actions of the Russian government that undermine Ukraine’s territorial sovereignty and security by attempting to overthrow Ukraine’s constitutional order.
The Court’s Findings
In its judgment of 21 October 2026 (Case T-479/25), the General Court (Eighth Chamber) found that the Council had committed an error of assessment.
On the “Representative” Claim
The Court noted that the Union of Cossack Warriors of Russia and Abroad is indeed linked to the Russian government and involved in the war in Ukraine — a fact sufficiently established by the evidence file. However, the Court found that the evidence did not show that Kharkovsky acted as its representative in Germany.
The Court examined several pieces of evidence, including a Reuters investigative report and articles from Focus Online, Kyiv Post, Global Espreso, and Jamestown. While these sources indicated that Kharkovsky swore allegiance to a Cossack organisation supporting Russia’s war effort and attended Cossack gatherings in Germany — often in military uniform — the Court held:
“The information contained in the article published on the Reuters website that Kharkovsky participated in Cossack gatherings in Germany and posted photographs on social media … often in Cossack military uniform, is sufficient to prove the applicant’s participation in Cossack gatherings, but cannot prove that he organises them.”
The Court further found that the evidence did not establish that the organisation Kharkovsky swore allegiance to was the Union of Cossack Warriors of Russia and Abroad specifically. It also noted that Kharkovsky was a member of a different Cossack association at the time the articles were published.
On the Membership Claim
The Court further found no evidence that Kharkovsky, as a member of the Union of Cossack Warriors, had participated in acts of violence. The Council did not contest this point.
On His Departure from the Cossack Association
The Court accepted evidence that Kharkovsky had resigned from the Cossack association (Verein der Kosaken) on 26 November 2023, with his resignation taking effect on 31 December 2023 — well before the contested regulation was adopted in May 2025. The Council’s argument that the resignation letter was created “in tempore suspecto” was rejected, as the evidence in question had been published in January and February 2023, months before the resignation request.
The Outcome
The Court ruled:
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Council Implementing Regulation (EU) 2025/965 of 20 May 2025 is annulled insofar as it concerns Mr Andrei Kharkovsky.
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The Council of the European Union is ordered to bear its own costs and to pay those incurred by Mr Kharkovsky.
The judgment was delivered in German, the language of the case, and was announced in open court in Luxembourg on 21 October 2026.
