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Case T-681/14: Judgment of the General Court of 28 March 2017 — El-Qaddafi v Council (Common foreign and security policy — Restrictive measures taken against Libya — Freezing of funds — Restrictions on the entry into and transit through the territory of the European Union — Retention of the applicant’s name — Rights of the defence — Obligation to state reasons)

ECLI:EU:UNKNOWN:62014TA0681

62014TA0681

March 28, 2017
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15.5.2017

Official Journal of the European Union

C 151/28

(Case T-681/14) (<span class="super note-tag">1</span>)

((Common foreign and security policy - Restrictive measures taken against Libya - Freezing of funds - Restrictions on the entry into and transit through the territory of the European Union - Retention of the applicant’s name - Rights of the defence - Obligation to state reasons))

(2017/C 151/34)

Language of the case: English

Parties

Applicant: Aisha Muammer Mohamed El-Qaddafi (Muscat, Oman) (represented by: initially J. Jones QC, and subsequently by S. Bafadhel, Barrister)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou and A. de Elera-San Miguel Hurtado, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for annulment, first, of Council Decision 2014/380/CFSP of 23 June 2014 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya (OJ 2014 L 183, p. 52), in so far as it maintains the applicant’s name on the list in Annexes I and III to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (OJ 2011 L 58, p. 53), and, secondly, of Council Implementing Regulation (EU) No 689/2014 of 23 June 2014 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya (OJ 2014 L 183, p. 1), in so far as it maintains the applicant’s name on the list in Annex II to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (OJ 2011 L 58, p. 1).

Operative part of the judgment

The Court:

1.Annuls Council Decision 2014/380/CFSP of 23 June 2014 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya, in so far as it maintains the name of Ms Aisha Muammer Mohamed El-Qaddafi on the list in Annexes I and III to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya;

2.Annuls Council Implementing Regulation (EU) No 689/2014 of 23 June 2014 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya, in so far as it maintains the name of Ms El-Qaddafi on the list in Annex II to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya;

3.Orders the Council of the European Union to pay the costs.

*

(<span class="super">1</span>) OJ C 431, 1.12.2014.

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