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Case T-200/14: Judgment of the General Court of 14 April 2016 — Ben Ali v Council (Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Legal basis — Inclusion of the name of the applicant on the basis of new grounds following the annulment of the earlier freezing of funds measures — Obligation to state reasons — Right to property — Proportionality — Error of fact — Rights of the defence — Right to effective judicial protection — Misuse of powers — Right to life — Right to a family life — Non-contractual liability)
ECLI:EU:UNKNOWN:62014TA0200
62014TA0200
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30.5.2016
Official Journal of the European Union
C 191/23
(Case T-200/14) (<span class="super">1</span>)
((Common Foreign and Security Policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - Legal basis - Inclusion of the name of the applicant on the basis of new grounds following the annulment of the earlier freezing of funds measures - Obligation to state reasons - Right to property - Proportionality - Error of fact - Rights of the defence - Right to effective judicial protection - Misuse of powers - Right to life - Right to a family life - Non-contractual liability))
(2016/C 191/29)
Language of the case: French
Parties
Applicant: Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali (Saint-Étienne-du-Rouvray, France) (represented by: A. de Saint Remy, lawyer)
Defendant: Council of the European Union (represented by: G. Étienne and A. de Elera-San Miguel Hurtado, acting as Agents)
Re:
Application for annulment of Council Decision 2014/49/CFSP of 30 January 2014, amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 38), and of Council Implementing Regulation (EU) No 81/2014 of 30 January 2014 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2014 L 28, p. 2), in so far as those measures concern the applicant, and, secondly, an application for damages.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali to bear his own costs as well as those incurred by the Council of the European Union.
(<span class="super">1</span>) OJ C 202, 30.6.2014.