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Case T-358/17: Judgment of the General Court of 12 December 2018 — Mubarak v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Objectives — Criteria for inclusion of persons targeted — Maintenance of the applicant’s designation on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to a fair trial — Presumption of innocence — Principle of good administration — Error of law — Manifest error of assessment — Right to property — Rights of defence — Right to effective judicial protection)
ECLI:EU:UNKNOWN:62017TA0358
62017TA0358
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25.2.2019
Official Journal of the European Union
C 72/26
(Case T-358/17) (*)
((Common foreign and security policy - Restrictive measures taken in view of the situation in Egypt - Freezing of funds - Objectives - Criteria for inclusion of persons targeted - Maintenance of the applicant’s designation on the list of persons targeted - Factual basis - Plea of illegality - Legal basis - Proportionality - Right to a fair trial - Presumption of innocence - Principle of good administration - Error of law - Manifest error of assessment - Right to property - Rights of defence - Right to effective judicial protection))
(2019/C 72/33)
Language of the case: English
Parties
Applicant: Mohamed Hosni Elsayed Mubarak (Cairo, Egypt) (represented by: B. Kennelly QC, J. Pobjoy, Barrister, G. Martin, M. Rushton and C. Enderby Smith, Solicitors)
Defendant: Council of the European Union (represented initially by: J. Kneale and M. Veiga, and subsequently by J. Kneale and A. Sikora-Kalėda, acting as Agents)
Re:
Application under Article 263 TFEU for annulment (i) of Council Decision (CFSP) 2017/496 of 21 March 2017 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2017 L 76, p. 22); (ii) of Council Implementing Regulation (EU) 2017/491 of 21 March 2017 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2017 L 76, p. 10); (iii) of Council Decision (CFSP) 2018/466 of 21 March 2018 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2018 L 78I, p. 3); and (iv) of Council Implementing Regulation (EU) 2018/465 of 21 March 2018 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2018 L 78I, p. 1), in so far as those acts apply to the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Mohamed Hosni Elsayed Mubarak to bear his own costs and to pay those incurred by the Council of the European Union.
(*) Language of the case: English.
(1) OJ C 239, 24.7.2017.