21.5.2011

EN

Official Journal of the European Union

C 152/29

(Case T-182/11)

2011/C 152/51

Language of the case: French

Parties

Applicant: Philippe Henry Dacoury-Tabley (Abidjan, Côte d’Ivoire) (represented by: G. Collard, lawyer)

Defendant: Council of the European Union

Forms of order sought

The applicant claims that the Court should:

—declare that, concerning the applicant, Mr Philippe Henry DACOURY-TABLEY, Council Regulation No 85/2011 of 31 January 2011, published on 2 February 2011 in the Official Journal of the European Union, and Council Decision 2011/71/CFSP of 31 January 2011, published on 2 February 2011 in the Official Journal of the European Union, have no factual basis,

accordingly,

—annul Council Regulation No 85/2011 of 31 January 2011 and Council Decision 2011/71/CFSP of 31 Janaury 2011

—in the alternative, order that the name of Mr Philippe Henry DACOURY-TABLEY be removed from the list annexed to that Regulation and Decision.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First plea in law, alleging breach of the obligation to state reasons, since the reasons for including the applicant in the list of persons and entities to which the restrictive measures apply are stereotypical, with no mention of any precise factual evidence which allow the assessment of the relevance of that inclusion,

2.Second plea in law, alleging a manifest error of assessment in so far as

—the applicant is alleged to have refused recognise the authority of M. A. Ouattara, although he attempted to subject the BCEAO (Central Bank of West African States) for which he was governor, to his authority;

—the applicant is alleged to have helped to fund the illegitimate administration of M. L. Gbagbo, although such support cannot be inferred from the operations of the BCEAO;

—in addition, the applicant was no longer governor of the BCEAO at the time of adoption of the contested Regulation and Decision.