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The General Court of the European Union upheld sanctions against Belavia Belarusian Airline AAT on Wednesday, ruling that the carrier is backed by President Alexander Lukashenko and helped facilitate the illegal entry of migrants from the Middle East into the EU.

The European Council justified freezing Belavia's assets because the state-owned airline operated flights from Lebanon, the United Arab Emirates, and Turkey to Minsk. The court stated these flights supported Lukashenko's authoritarian regime.

The airline also gained a "concrete benefit" from public statements by Lukashenko that Belavia would receive "all possible support" following the EU's decision to prohibit Belarusian airlines from entering its airspace. This support was a factor in maintaining the sanctions, the court ruled.

EU Court Upholds Sanctions Against Belarusian Airline Belavia

Belavia's assets have been frozen since December 2021, when the council declared it would not accept any attempt by third countries to use migrants for political purposes. The EU has adopted numerous restrictive measures since 2004 in response to the lack of respect for human rights, democracy, and the rule of law in Belarus.

In June 2021, the council expanded its list of sanctioned individuals and companies subject to a travel ban and asset freeze. Belavia argued there was a "manifest error" in the council's assessment of evidence and that it had not sufficiently proven the carrier was instructed by the Belarusian government to operate the flights.

However, the general court found that Belavia being entirely state-owned made it implausible for the airline's activities to be independent of the Belarusian government's wishes. The court noted that the Lukashenko regime supported the transport of third-party nationals to Belarus by backing visas and increasing demand for flights, thus supporting the regime.

Belavia also challenged the decision to maintain the sanctions from February 2023. The general court found the council had not sufficiently proven that flights from Istanbul to Minsk were facilitating illegal crossings of EU borders by that time.

However, the court ruled that the council did prove Belavia was still benefiting from the regime, justifying the continuation of sanctions. Notably, Lukashenko had agreed with Russian President Vladimir Putin on plans to open new routes for Belavia's flights.

Belavia did not immediately respond to requests for comment on Wednesday. The airline is represented by N. Tuominen and M. Krestiyanova, while the council is represented by A. Boggio-Tomasaz and A. Antoniadis. Full counsel information was not available Wednesday.