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Case T-94/22: Judgment of the General Court of 8 March 2023 — Mutondo v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Change of the factual and legal circumstances which led to the adoption of the restrictive measures)
ECLI:EU:UNKNOWN:62022TA0094
62022TA0094
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Official Journal of the European Union
C 164/37
(Case T-94/22) (*)
(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Change of the factual and legal circumstances which led to the adoption of the restrictive measures)
(2023/C 164/51)
Language of the case: French
Parties
Applicant: Kalev Mutondo (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)
Defendant: Council of the European Union (represented by: B. Driessen and M.-C. Cadilhac, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2021 L 443, p. 75) and, second, of Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2021 L 443, p. 3), in so far as those acts concern him.
Operative part of the judgment
The Court:
1.Annuls Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo and, Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo, in so far as those acts concern Mr Kalev Mutondo.
2.Orders the Council of the European Union to pay the costs.
(*) Language of the case: French.