Answer given by Vice-President Jourová on behalf of the European Commission

13.5.2022

Article 29 of the Treaty on the European Union is the legal basis for the Council Decision (CFSP) 2022/351 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.

The decision was adopted by unanimity by the Member States in the Council. Article 215 of the Treaty on the Functioning of the European Union is the legal basis for the related Council Regulation (EU) 2022/350 of 1 March 2022 amending Regulation (EU) No 833/2014 which implements the decision in EC law.

The temporary restriction, limited both in terms of content and geographical scope, was based on the fact that RT (formerly Russia Today) and Sputnik are under the permanent control of the leadership of the Russian Federation and essential and instrumental in supporting the Russian aggression against Ukraine as well as the destabilisation of its neighbouring countries.

It aims to protect the European public order and security from such a significant and direct threat and is a justified restriction to the right to freedom of expression and information enshrined in Article 11 of the Charter of Fundamental Rights since the outlets have been essential and instrumental in Russia’s systematic, international campaign of media manipulation and distortion of facts in order to enhance its strategy of destabilisation of the Union and its Member States. RT France has brought an action for annulement against this measure.

On 30 March 2022, the President of the General Court rejected RT France's request for an interim measure[1]. A final judgment still needs to be delivered.

• [1] https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-03/cp220054fr.pdf