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Case T-172/18: Judgment of the General Court of 12 February 2020 —Akili Mundos 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 — Renewal of the listing of the applicant’s name on the list of persons covered by restrictive measures adopted autonomously by the Union — First listing of applicant’s name on the list of persons covered by the Sanctions Committee of the United Nations Security Council — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Proportionality — Presumption of innocence — Plea of illegality)
ECLI:EU:UNKNOWN:62018TA0172
62018TA0172
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30.3.2020
Official Journal of the European Union
C 103/24
(Case T-172/18) (*)
(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons covered by restrictive measures adopted autonomously by the Union - First listing of applicant’s name on the list of persons covered by the Sanctions Committee of the United Nations Security Council - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Proportionality - Presumption of innocence - Plea of illegality)
(2020/C 103/33)
Language of the case: French
Parties
Applicant: Muhindo Akili Mundos (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)
Defendant: Council of the European Union (represented by: J.-P. Hix, S. Lejeune and H. Marcos Fraile, acting as Agents)
Re:
Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), of Council Implementing Decision (CFSP) 2018/202 of 9 February 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 38, p. 19), and of Council Implementing Regulation (EU) No 2018/197 of 9 February 2018 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 2018 L 38, p. 2), in so far as they concern the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Muhindo Akili Mundos to pay the costs.
(*)
Language of the case: French.
* * *
(*) Language of the case: French.