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Case T-485/15: Judgment of the General Court of 20 September 2016 — Alsharghawi v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds — List of persons subject to restrictions on entry into and transit through EU territory — Functions of the former head of cabinet of Muammar Qadhafi — Choice of legal basis — Obligation to state reasons — Rights of the defence — Presumption of innocence — Proportionality — Freedom of movement — Right to property — Obligation to justify the merits of the measure)
ECLI:EU:UNKNOWN:62015TA0485
62015TA0485
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31.10.2016
Official Journal of the European Union
C 402/42
(Case T-485/15) (<span class="super note-tag">1</span>)
((Common foreign and security policy - Restrictive measures taken in view of the situation in Libya - Freezing of funds - List of persons subject to restrictions on entry into and transit through EU territory - Functions of the former head of cabinet of Muammar Qadhafi - Choice of legal basis - Obligation to state reasons - Rights of the defence - Presumption of innocence - Proportionality - Freedom of movement - Right to property - Obligation to justify the merits of the measure))
(2016/C 402/48)
Language of the case: French
Parties
Applicant: Bashir Saleh Bashir Alsharghawi (Johannesburg, South Africa) (represented by: É. Moutet, lawyer)
Defendant: Council of the European Union (represented by: A. Vitro and V. Piessevaux, acting as Agents)
Re:
Application on the basis of Article 263 TFEU seeking the annulment in part, firstly, of Council Decision 2015/1333/CFSP of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ 2015 L 206, p. 34) and, secondly, Council Implementing Regulation (EU) 2015/1323 of 31 July 2015 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya (OJ 2015 L 206, p. 4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Bashir Saleh Bashir Alsharghawi to bear his own costs and to pay the costs incurred by the Council of the European Union.
(<span class="note">1</span>) OJ C 337, 12.10.2015.